Cl.  1-jL-A*-  Bk./3_fr 


Trinity  College  Library 

Durham,  N.  C. 


'yb  % 7 


An  Elementary 
History  of  Georgia 

By 

Robert  Preston  Brooks,  Ph.  D. 

De  Renne  Professor  of  Georgia  History 
University  of  Georgia 


Jyjji  ? 

Atkinson,  Mentzer  & Company 

Boston  New  York  Chicago  Atlanta  Dallas 


Copyright  1918 
By  R.  P.  BROOKS 


PREFACE 


9 75 ' 

6 $ 


The  first  edition  of  my  History  of  Georgia  for  the  schools  was 
printed  in  1913.  Four  years  of  practical  trial  have  brought  to 
light  several  particulars  in  which  improvement  was  needed.  In 
the  opinion  of  many  teachers  the  first  edition  was  too  difficult  for 
children  of  the  sixth  or  seventh  grades.  Some  of  the  topics  ap- 
peared to  be  beyond  the  grasp  of  the  children  and  the  language 
not  sufficiently  simple.  These  shortcomings  I have  endeavored 
to  remedy  in  this  revision.  Every  word  has  been  subjected  to 
criticism  by  practical  teachers,  the  language  greatly  simplified,  and 
certain  chapters  entirely  omitted.  Other  chapters  have  been  divided 
so  as  to  shorten  the  lessons.  A new  chapter  has  been  added,  giving 
a somewhat  detailed  statement  of  the  causes  of  the  Great  War 
and  of  our  participation  in  it.  I realize  that  this  subject  is  some- 
what remote  from  a purely  state  history,  and  yet,  as  the  war  is 
of  such  vital  concern  to  the  nation,  it  seemed  to  me  the  opportunity 
to  help  clarify  popular  ideas  on  the  subject  ought  not  to  be 
allowed  to  escape.  The  chapter  is  intended  for  teachers  and 
other  mature  people. 

I have  taken  the  opportunity  to  bring  the  narrative  up  to  date 
by  the  inclusion  of  more  recent  data,  and  have  added  one  new 
feature  on  the  suggestion  of  a number  of  teachers.  This  is  a 
list  of  questions  or  topics  for  local  study,  appended  to  certain 
chapters.  As  aids  to  teachers  and  pupils  in  making  these  local 
studies,  I have  given  (as  Appendix  I)  a brief  bibliography  of 
easily  obtainable  books. 

In  the  work  of  revision  I have  had  the  benefit  of  helpful  sug- 
gestions from  many  friends.  The  assistance  of  Miss  Garland 
Smith,  of  Athens,  and  of  my  wife,  Mrs.  Josephine  Reid  Brooks, 
has  been  especially  valuable. 

Athens,  Ga.,  May,  1918. 


R.  P.  Brooks. 


Digitized  by  the  Internet  Archive 
in  2015 


https://archive.org/details/elementaryhistor01blroo 


CONTENTS 


Page 

Preface  iii 

Maps  vii 

Illustrations  viii 

List  of  Important  Dates : ix 

Chapter 

I.  The  Land  of  Georgia 3 

II.  The  Georgia  Indians 12 

III.  The  English  Background  of  Georgia  History 26 

IV.  Beginnings  of  the  Colony,  1733-1740 32 

V.  Hard  Times  in  Georgia,  1733-175° 44 

VI.  The  Spanish  War,  1740-1742 52 

VII.  Georgia  Becomes  a Royal  Province , 1754 62 

VIII.  Progress  of  the  Colony ,~~I7 30- 177 6 68 

IX.  Beginnings  of  the  Revolution,  1774-1778 77 

X.  The  Revolution,  1774-1778 84 

XI.  The  Revolution  ( continued ),  1778-1783/. 91 

XII.  Georgia  Becomes  an  Independent  State 100 

XIII.  The  Settlement  of  Middle  and  North  Georgia, 

1782-1800  108 

XIV.  The  Yazoo  Land  Fraud,  1795-1814 118 

XV.  Georgia  and  the  Creek  Indians,  1733-1827 127 

XVI.  Georgia  and  the  Cherokee  Indians 137 

XVII.  Slavery  146 

XVIII.  The  Extension  of  Slavery 160 

XIX.  Geo  rgia  Secedes  from  the  Union 170 

XX.  A Half  Century  of  Progress,  18 10- 1860 179 

XXI.  Education  in  Ante-bellum  Georgia 189 

XXII.  Georgia  in  the  War  Between  the  States 196 

XXIII.  Reconstruction,  1865-1866  206 

XXIV.  Reconstruction  ( continued ),  1868-1871 215 


Chapter  Page 

XXV.  Recovery  and  Development  Since  1870 224 

XXVI.  Educational  Progress  Since  1S70 235 

XXVII.  Recent  Economic  and  Social  Reforms 243 

XXVIII.  The  Great  War,  1914 ; 250 

XXIX.  Some  Great  Georgians 263 

XXX.  The  Civil  Government  of  Georgia 273 

Appendixes 

I.  Bibliography  289 

II.  List  of  Governors 291 

III.  List  of  Counties 292 

IV.  Constitution  of  Georgia 295 


vi 


MAPS 

Page 

1.  Physical  Map  of  Georgia 5 

2.  Original  Lands  of  Cherokees  and  Creeks 13 

3.  Territory  in  Dispute  Between  England,  France  and 

Spain,  1732  33 

4.  Charter  Boundaries  of  Georgia 35 

5.  Early  Settlements  in  Georgia,  1733-1752 39 

6.  Coast  of  Georgia  and  Florida:  Spanish  War 56 

7.  Georgia  in  1763 66 

8.  Georgia  in  1783;  Yazoo  Land  Sales 118a 

9.  Georgia  in  1918 118b 

10.  Indian  Land  Cessions  in  Georgia 135a 

11.  The  Black  Belt  of  Georgia,  1860 153 

12.  The  Black  Belt  of  Georgia,  1910 154 

13.  Territorial  Expansion  of  the  United  States  to  1860.  . . 161 

14.  Secession  Vote  in  Georgia 176 

15.  Georgia  Railroads  in  1860 187 

16.  Sherman’s  March  through  Georgia 200 

17.  Population  Movement  in  Georgia,  1900-1910 225 


vii 


ILLUSTRATIONS 

Page 

1.  Oglethorpe  Monument,  Savannah Frontispiece 

2.  Shipping  Lumber  at  Savannah 6 

3.  Palmetto  Grove  on  the  Georgia  Coast 9 

4.  Indian  Implements  19 

5.  Indian  Mound  in  Bartow  County 22 

6.  Indian  Pipes  23 

7.  James  Edward  Oglethorpe 30 

8.  Noble  Wymberley  Jones 85 

9.  Lyman  Hall  89 

10.  Button  Gwinnett  101 

11.  William  Harris  Crawford 122 

12.  James  Jackson  124 

13.  George  Michael  Troup 133 

14.  Wilson  Lumpkin 141 

15.  Whitney’s  Cotton  Gin 152 

16.  Old  Time  Spinning  Wheel 156 

17.  Howell  Cobb 165 

18.  Alexander  Hamilton  Stephens 173 

19.  Robert  Toombs 175 

20.  Early  Railroad  Train 184 

21.  John  McPherson  Berrien 185 

22.  Mercer  LTniversity 192 

23.  Emory  College 194 

24.  Sherman  Marching  Through  Georgia 202 

25.  Herschel  Vespasian  Johnson 208 

26.  Benjamin  Harvey  Hill 216 

27.  Joseph  Emerson  Brown 219 

28.  Ku  Klux  Klan  Costumes 227 

29.  Agricultural  College  Educational  Train 231 

30.  Cotton  Mill 232 

31.  Consolidated  Schools 236 

32.  University  of  Georgia,  Chapel  Building j.  . . . 239 

33.  University  of  Georgia,  Academic  Building . . . 240 

34.  An  Improved  Road  in  Georgia . . . 245 

vii; 


IMPORTANT  DATES 
IN  GEORGIA  HISTORY 


1539.  Hernando  de  Soto  traverses  Georgia. 

1732.  Charter  granted  by  King  George  II. 

Oglethorpe  sails  from  England  with  the  first  emigrants. 

1733.  Oglethorpe  reaches  Georgia,  February  12th.  Savannah 

begun. 

1734.  Salzburgers  come. 

1735.  Augusta  begun. 

1736.  Scots  settle  at  Darien. 

Frederica  marked  out. 

1739.  Oglethorpe  invades  Florida. 

1742.  Spaniards  invade  Georgia. 

Battle  of  Bloody  Marsh. 

1743.  Oglethorpe’s  final  departure  from  the  colony. 

1752.  Resignation  of  the  Trustees. 

Coming  of  the  Dorchester  Colony.-""' 

1754.  Georgia  becomes  a Crown  Colony. 

1763.  Close  of  French  and  Indian  War.  Georgia’s  boundary 
extended  to  the  St.  Mary’s  River. 

1776.  Lyman  Hall,  Button  Gwinnett  and  George  Walton  sign 

the  Declaration  of  Independence. 

1777.  First  state  constitution. 

1778.  Georgia  adopts  Articles  of  Confederation. 

British  take  Savannah. 

1779.  French  and  Americans-  attack  Savannah. 

1782.  British  withdraw  from  Georgia. 

1783.  Close  of  Revolution.  Georgia  claims  lands  westward  to 

the  Mississippi  River. 

1783-1800.  Coming  of  the  Virginians  and  Carolinians  to  Mid- 
dle Georgia. 

1784.  Charter  of  the  University  of  Georgia. 


IX 


1788.  Georgia  adopts  the  Federal  Constitution. 

1789.  Second  state  constitution. 

1793.  Cotton  gin  invented  in  Georgia. 

1794-1796.  Yazoo  Frauds. 

1795.  Louisville  made  the  capital. 

1798.  Third  state  constitution. 

1801.  Opening  of  University  of  Georgia. 

1802.  Georgia  cedes  western  lands  to  United  States. 

1803.  Milledgeville  laid  out  and  designated  as  the  capital. 
Establishment  of  the  land  lottery. 

1807.  First  meeting  of  legislature  in  Milledgeville. 

1819.  First  steamship  to  cross  the  Atlantic  sails  from  Savannah. 
1827.  Creek  Indians  leave  Georgia. 

1833.  Georgia  Railroad  and  Banking  Company  chartered. 
Central  of  Georgia  Railroad  chartered. 

1836.  Western  and  Atlantic  Railroad  authorized  to  be  con- 

structed as  a state-owned  road. 

Emory  College  chartered. 

Wesleyan  Female  College  chartered. 

1837.  Mercer  University  chartered. 

1838.  Cherokees  expelled  from  Georgia. 

1842.  Crawford  W.  Long  discovers  anaethesia. 

1845.  Supreme  Court  established. 

1851.  Howell  Cobb  elected  Governor  on  platform  advocating 
Clay’s  Compromise. 

1861.  Georgia  secedes  from  the  Union. 

Fourth  state  constitution. 

1864.  Sherman  destroys  Atlanta. 

Sherman’s  March  to  the  Sea. 

1865.  President  Johnson  reconstructs  Georgia.  Thirteenth 

Amendment  adopted. 

Fifth  state  constitution. 

1867.  Congress  overthrows  the  Johnson  government. 

1868.  Fourteenth  Amendment  to  the  Federal  Constitution 

adopted. 

Sixth  state  constitution. 


1870.  Final  reconstruction  of  Georgia.  Fifteenth  amendment 

adopted. 

1871.  Public  school  system  put  in  operation. 

1877.  Seventh  state  constitution. 

Atlanta  becomes  the  capital. 

1879.  State  Railroad  Commission  established. 

1892.  Rise  of  Populist  Party. 

1895.  Cotton  States  and  International  Exposition. 

1904.  Local  self-taxation  for  schools  authorized. 

1906.  Court  of  Appeals  established. 

Agricultural  high  schools  established. 

State  College  of  Agriculture  established. 

1907.  Legislature  passes  a state-wide  prohibition  law. 

1908.  Disfranchisement  of  negroes. 

Abolition  of  the  convict  lease  system. 

Beginning  of  good  roads  movement. 

1912.  Constitutional  amendment  making  high  schools  a part  of 
the  state  school  system. 


X' 


History  of  Georgia 

CHAPTER  I 
THE  LAND  OF  GEORGIA 
Area  and  Boundaries 

Our  state  has  not  always  had  its  present  shape  nor 
size.  When  the  colony  was  first  begun,  its  area  was 
much  smaller  and  after  the  Revolution  much  larger 
than  it  now  is.  You  will  learn  about  these  changes 
as  you  study  this  book.  For  more  than  a hundred 
years,  Georgia  has  had  its  present  shape,  size  and 
boundaries.  She  ranks  twentieth  in  size  among  the 
States  of  the  Union  and  no  other  State  east  of  the 
Mississippi  River  is  so  large.  The  area  in  square 
miles  is  59,475;  the  length  is  320  miles,  and  the 
greatest  width  is  254  miles.  To  the  north  lie  the 
States  of  North  Carolina  and  Tennessee;  on  the  east 
is  South  Carolina  and  the  Atlantic  Ocean;  on  the 
south,  Florida,  and  on  the  west,  Alabama. 

The  Mountains  of  Georgia 

Of  more  importance  than  area  and  boundaries  are 
such  matters  as  the  location  of  the  State,  the  presence 
of  mountains,  the  nature  of  the  soil,  the  number 
of  navigable  streams,  the  climate,  and  the  presence 
of  coal  and  iron.  These  natural  conditions  are  im- 


3 


4 


History  of  Georgia 


portant  because  they  deeply  influence  the  every  day 
lives  of  the  people.  They  determine  what  crops 
shall  be  grown;  what  articles  the  factories  shall 
make;  what  sorts  of  lumber  the  forests  shall  pro- 
duce; the  health  of  the  people,  their  schools,  their 
food,  their  games. 

Georgia  is  unusually  blessed  by  nature  in  that  she 
has  such  a great  variety  of  physical  conditions.  We 
may  divide  the  State  in  three  main  parts,  the  moun- 
tainous country,  the  Piedmont  section,  and  the  coastal 
plain.  The  mountainous  part  of  the  State  is  small, 
including  all  or  parts  of  some  twenty  counties  in 
extreme  North  Georgia.  In  the  northeastern  coun- 
ties the  mountains  belong  to  the  Blue  Ridge  chain; 
in  the  northwestrn  counties  to  the  Alleghenies.  The 
scenery  of  the  mountain  counties  is  very  beautiful, 
especially  in  the  Blue  Ridge  section,  where  the  peaks 
are  much  higher  than  in  the  Alleghenies.  The 
mountains  are  covered  with  great  forests  of  fine  trees, 
the  streams  are  clear  and  swift,  frequently  breaking 
into  beautiful  waterfalls.  Between  the  ridges  lovely 
valleys  are  found,  some  of  them  exceedingly  pic- 
turesque, as,  for  instance,  Nacoochee  Valley,  in 
White  County.  The  highest  peaks  in  the  Blue  Ridge 
section  of  Georgia  are  Sitting  Bull,  5,046  feet  above 
sea  level,  and  Enota,  4,798  feet,  both  in  Towns 
County. 

The  leading  industries  of  the  mountainous  sec- 
tion are  lumbering  and  mining.  Great  companies 
are  cutting  the  hard  wood  from  the  mountain  sides 


History  of  Georgia 


5 


Physical  Map  of  Georgia. 

Reprod.  from  Merrill,  F.  A.,  "Geography  of  the  Soils  of  Georgia." 


and  thousands  of  men  find  employment  in  the  lumber 
camps.  Coal,  iron  and  marble  are  mined  in  con- 
siderable quantities  in  northwest  Georgia.  At  one 
time  Georgia  ranked  high  as  a gold  producing  State 
and  there  was  a government  mint  for  coining  gold 


6 


History  of  Georgia 


at  Dahlonega.  The  gold  deposits  have  been  ex- 
hausted or  cannot  now  be  profitably  worked.  The 
valleys  between  the  mountain  ridges  are  fertile. 
Large  quantities  of  corn  and  other  food  crops  are 
raised.  This  is  a growing  fruit  section,  North  Geor- 
gia apples  being  particularly  excellent. 


-'aaf' 


Shipping  Lumber  at  Savannah. 


The  Piedmont  Plateau 

The  part  of  the  State  that  lies  between  the  moun- 
tains and  an  imaginary  line  connecting  Columbus, 
Macon  and  Augusta  is  known  as  the  Piedmont  re- 
gion. The  word  means  “foothills.”  All  of  this 


History  of  Georgia 


7 


large  area  is  hilly  or  rolling;  the  streams  as  in  the 
mountains  are  rapid  and  not  navigable.  The  climate 
of  this  section  is  delightful.  The  Piedmont  region 
was  settled  for  the  most  part  after  the  Revolutionary 
War.  It  soon  became  thickly  populated  and  the 
wealthiest  part  of  Georgia.  When  manufacturing 
began  to  grow  on  a large  scale  after  the  War  be- 
tween the  States,  most  of  the  factories  were  located 
in  this  region,  because  the  waterfalls  supplied  an 
abundance  of  power  for  turning  machinery. 

The  soil  and  climate  of  the  Piedmont  region  are 
perfectly  adapted  to  corn  and  cotton  and  these  are 
the  leading  crops,  but  all  ordinary  varieties  of  fruit 
and  vegetables  thrive  in  this  favored  land.  The  soil 
is  of  two  sorts,  red  clay  and  sandy  land  with  a clay 
foundation.  It  is  very  fertile,  but  the  surface  is  so 
broken  that  the  soil  rapidly  washes  away  unless  the 
farmers  are  careful. 

The  Fall  Line 

Piedmont  Georgia  is  separated  from  the  coastal 
plain  by  the  “fall  line.”  This  line  is  an  imaginary 
one  connecting  the  points  on  the  rivers  at  which 
(going  upstream)  navigable  water  ends.  Most  of 
the  early  interior  cities  of  the  South  were  built  at 
the  limit  of  the  navigation  of  the  rivers.  You  can 
verify  this  statement  by  locating  on  the  map  the  cities 
of  Raleigh,  in  North  Carolina;  Columbia,  South 
Carolina;  Augusta,  Milledgeville,  Macon,  and  Col- 
umbus, Georgia ; Montgomery  in  Alabama,  and  Jack- 
son,  in  Mississippi.  In  the  days  before  railroads 


8 


History  of  Georgia 


heavy  freight  such  as  cotton  was  floated  down  stream 
to  the  Gulf  of  Mexico  or  the  Ocean,  and  the  supplies 
from  the  North  or  Europe  were  carried  upstream 
as  far  as  boats  could  go.  Where  the  falls  began 
cities  naturally  grew  as  convenient  places  for  mar- 
keting crops  and  purchasing  the  articles  which  the 
farmers  were  unable  to  make  for  themselves. 

The  Coastal  Plain 

All  that  part  of  Georgia  which  lies  south  of  the 
fall  line  is  called  the  Coastal  Plain.  It  is  a vast, 
comparatively  level  country,  covering  more  than  half 
of  the  total  area  of  the  State.  This  plain  has  a light 
sandy  soil  with  a yellow  clay  foundation.  It  is  not 
so  well  drained  as  the  hill  country  and  there  are 
many  huge  swamps  in  it,  of  which  the  Okefenoke 
is  the  largest.  The  soil  is  not  so  fertile  as  the  Pied- 
mont soil,  except  in  parts  of  Southwest  Georgia;  nor 
are  the  health  conditions  as  good,  malarial  fever  be- 
ing the  most  serious  trouble.  The  use  of  artesian 
water  and  the  partial  drainage  of  swamps,  however, 
are  improving  conditions.  The  Coastal  Plain, 
though  receiving  the  first  immigrants  to  Georgia, 
did  not  develop  so  rapidly  as  the  Piedmont  and  is 
still  sparsely  settled.  One  of  the  greatest  industries 
of  Georgia  has  been  the  yellow  pine  lumbering  and 
now  that  the  trees  are  disappearing  vast  areas  are 
beginning  to  be  farmed.  This  part  of  Georgia  is 
growing  more  rapidly  now  than  any  other.  The 
farmers  have  found  that  by  using  commercial  fer- 


History  of  Georgia 


9 


level  character  of  the  country  relieves  them  of  some 
of  the  hardships  with  which  they  have  to  contend 
in  a hilly  country. 

The  Seacoast 

Georgia  has  126  miles  of  sea  frontage.  The 
land  is  very  flat.  Several  of  the  greatest  rivers  of 
Georgia  flow  through  the  coast  counties,  and,  as 
the  streams  here  are  wide  and  deep,  many  excellent 
harbors  are  found.  The  coast  is  not  so  progressive 


Palmetto  Grove  on  the  Georgia  Coast. 


as  the  more  favored  portions  of  Georgia.  The  white 
population  is  very  small,  except  in  Chatham  County, 
and  the  agricultural  conditions  are  backward.  Be- 
fore the  War  there  were  here  many  great  rice  planta- 
tions, both  on  the  rivers  and  on  the  islands  that  skirt 


10 


History  of  Georgia 


the  coast.  But  labor  conditions,  storms  and  freshets, 
and  the  development  of  inland  rice  production  in 
the  West  have  almost  destroyed  the  rice  business  of 
Georgia. 

Rivers 

Georgia  is  well  provided  with  rivers  and  smaller 
streams.  Nearly  all  of  the  larger  rivers  rise  in  the 
mountains  or  Piedmont  and  flow  southward  to  the 
Gulf  or  the  Ocean.  The  majestic  Chattahoochee 
rises  not  far  from  the  North  Carolina  line  and  flows 
the  entire  length  of  the  State,  emptying  into  the 
Gulf  of  Mexico.  The  other  great  rivers  are  the 
Savannah,  the  Altamaha,  composed  of  the  Oconee 
and  the  Ocmulgee,  the  Ogeechee  and  the  Flint,  all 
of  which  flow  in  a southerly  direction  to  the  Gulf 
or  the  Atlantic.  Above  the  fall  line  the  rivers  are 
shallow  and  rapid  and  full  of  falls;  below  the  fall 
line  the  streams  are  deep  and  broad. 


QUESTIONS  FOR  LOCAL  STUDY 

1.  In  which  one  of  the  great  divisions  of  Georgia 

is  your  county? 

2.  Name  the  counties  that  surround  yours. 

3.  Name  the  mountains  in  the  county,  if  there  are 

any.  What  is  their  height? 

4.  What  is  the  principal  town  in  your  county?  Why 

was  it  built  in  that  locality? 


Lm 


History  of  Georgia 


11 


What  rivers  flow  through  your  county?  Locate 
on  a sketch  map  the  principal  towns  and  cities 
on  the  river  (or  rivers)  throughout  its  course. 

6.  What  is  the  character  of  the  soil  of  your  county? 

7.  What  are  the  principal  agricultural  products  of 

your  county? 

8.  What  are  the  leading  forms  of  manufacturing 

of  your  county? 


CHAPTER  II 
THE  GEORGIA  INDIANS 
The  Name  “Indian” 

The  voyages  which  led  to  the  discovery  of  Amer- 
ica were  undertaken  for  the  purpose  of  finding  a 
western  route  to  the  East  Indies,  and  when  the 
islands  now  known  as  the  West  Indies  were  reached, 
the  discoverers  thought  they  had  succeeded  in  their 
efforts.  The  native  people,  therefore,  were  called 
“Indians.”  The  Indians  were  scattered  over  the 
entire  continent  of  North  America.  The  total  popu- 
lation was  very  small,  being  not  more  than  half  a 
million  for  the  whole  continent  north  of  Mexico. 
It  has  been  estimated  that  east  of  the  Mississippi 
River  there  were  about  200,000  Indians  when  Col- 
umbus first  came. 

The  Southeastern  Indians 

There  were  four  principal  tribes  of  Indians  in 
the  southeastern  part  of  what  is  now  the  United 
States,  namely,  the  Cherokees,  Creeks,  Chickasaws, 
and  Choctaws.  Of  these  only  the  Cherokees  and 
Creeks  played  any  part  in  the  history  of  Georgia. 
The  Cherokees  were  the  most  civilized  and  one  of 
the  most  powerful  of  all  the  American  Indian  tribes. 
At  one  time  they  claimed  all  the  land  now  cut  up 
into  the  States  of  Kentucky  and  Tennessee,  as  well 


12 


History  of  Georgia 


13 


Original  Lands  of  Cherokees  and  Creeks. 


History  of  Georgia 


1 + 


as  the  western  parts  of  West  Virginia,  Virginia, 
North  and  South  Carolina,  and  the  northern  parts 
of  Georgia  and  Alabama.  Their  southern  boundary 
in  Georgia  was  roughly  a line  drawn  from  Elberton 
to  Cedartown. 

The  Creeks,  or  Muscogees  as  they  are  sometimes 
called,  were  a sort  of  union  of  many  small  tribes, 
occupying  all  of  Georgia  south  of  the  Cherokees, 
central  and  eastern  Alabama,  and  Florida,  where 
they  were  known  as  Seminoles. 

Physical  Appearance  of  the  Indians 

The  Indians  were  of  a dark  reddish  color,  strong, 
well  proportioned,  extremely  active,  and  capable  of 
bearing  great  suffering.  Their  hair  was  dark  and 
coarse,  their  eyes  small,  sharp  and  black.  A number 
of  white  men  who  lived  among  the  Indians  as  traders 
left  accounts  of  the  natives.  Some  of  the  white  men 
thought  the  Indians  honest,  kind-hearted,  and  hos- 
pitable to  strangers;  others  thought  them  base  and 
treacherous. 


Indian  Dress 

General  Oglethorpe,  the  founder  of  Georgia, 
wrote  a description  of  the  Indian  manner  of  dress. 
He  said  the  Indian  men  wore  a garment  covering 
the  middle  part  of  the  body,  and  the  women  a skirt 
reaching  to  the  knees.  In  winter  both  men  and 
women  wore  a mantle  about  two  yards  square, 
“Which  they  wrap  round  their  bodies  as  the  Romans 


did  their  toga.”  These  mantles  were  sometimes 


European  make,  and  sometimes  were  made  of  native 


of 


History  of  Georgia 


15 


dressed  skins.  To  complete  the  costume,  the  In- 
dians wore  sandals  or  moccasins  made  of  leather. 
The  Indians  were  skillful  in  preparing  skins  for 
clothing  and  also  knew  how  to  weave  blankets  and 
rugs.  They  had  a curious  custom  of  painting  their 
bodies.  Oglethorpe  mentions  seeing  Indians  painted 
red,  blue,  yellow,  and  black.  The  natives  were  fond 
of  adorning  themselves  with  feathers  stuck  in  their 
hair,  and  often  wore  necklaces  of  beads,  and  ear- 
rings. 

Indian  Homes;  the  Village 

Wandering  tribes  of  Indians  lived  in  wigwams  or 
tents  made  of  skins.  Those  who  were  more  settled 
in  their  habits  commonly  had  wooden  houses.  Their 
homes  were  usually  grouped  into  villages.  Descrip- 
tions that  have  come  down  to  us  say  that  in  addition 
to  his  dwelling,  the  Indian  had  a corn  crib,  a poultry 
house  and  a “hot”  house.  The  hot  house  was  for 
use  in  very  cold  weather.  It  was  built  of  heavy 
logs,  plastered  inside  and  outside  with  mud,  and 
had  no  openings  except  a low  door.  When  this  door 
was  closed  the  hot  house  was  air  tight  and  cold  proof. 
In  winter  the  Indians  slept  in  this  house,  lying 
around  a fire  which  was  kept  constantlv  burning. 
The  white  men  who  lived  among  them  expressed 
wonder  that  thev  could  endure  the  smoke. 

The  homes  of  the  Indians  were  built  around  a 
square,  in  which  were  located  the  “Great  House” 
and  the  “Council  House.”  The  former  consisted  of 
four  single-storied  houses  enclosing  a court.  Public 


16 


History  of  Georgia 


meetings,  feasts  and  dances  were  held  there.  The 
Council  House  was  built  at  a corner  of  the  square. 
This  building  was  the  meeting  place  of  the  “mico” 
and  his  council. 

How  the  Indians  Governed  Themselves 

The  Indian  population  was  always  small  and  the 
little  villages  were  scattered  over  an  immense  area. 
This  made  any  government  over  an  entire  nation 
of  Indians  impossible,  even  if  there  had  been  any 
occasion  for  it.  Each  little  village  seems  to  have 
been  regarded  as  a nation  in  itself  and  decided  its 
own  policy.  For  instance,  if  the  Creeks  desired  to 
go  to  war,  each  village  separately  voted  on  the  mat- 
ter, and  some  might  take  the  war  path  and  others 
remain  at  home.  About  the  close  of  the  eighteenth 
century,  there  were  thirty-eight  Creek  towns.  You 
can  find  the  namec  of  many  of  these  villages  by 
studying  the  map  on  page  135a.  In  each  village  there 
was  a head  chief,  known  as  the  “mico,”  who  was 
chosen  by  the  warriors  of  the  village  and  held  office 
for  life.  He  was  usually  a wise  old  man  and  of 
course  his  opinion  was  of  great  weight.  He  was 
not,  however,  a king,  and  outside  of  the  council 
meeting  was  not  regarded  as  better  than  the  other 
Indians.  Next  in  importance  to  the  mico  was  the 
war  chief,  chosen  for  his  prowess  in  battle.  It  was 
his  duty  to  lead  the  warriors  when  on  the  war  path, 
and  he  presided  over  the  council,  if  the  mico  hap- 
pened to  be  absent.  The  council  was  composed  of 
the  older  warriors  of  the  village.  Another  important 


History  of  Georgia 


17 


person  was  the  medicine  man,  who  doctored  the  sick 
and  was  supposed  to  have  dealings  with  the  spirits. 

Indian  Warfare 

The  various  tribes  of  Indians  were  seldom  at  peace 
with  one  another.  The  most  common  cause  of 
trouble  seems  to  have  been  disputes  over  hunting 
grounds.  Indian  methods  of  warfare  were  quite  un- 
like those  of  civilized  peoples.  There  was  no  dec- 
laration of  war  and  no  marching  forth  of  armies  to 
fight  in  the  open.  Usually  a small  party  of  twenty 
to  forty  braves  would  steal  cautiously  upon  the  enemy 
and  attack  them  by  night  or  lie  in  ambush  hoping  to 
surprise  small  groups.  They  often  used  tricks  to 
deceive  their  foes,  such  as  wearing  the  hoofs  of  buf- 
faloes or  marching  in  single  file,  each  man  stepping 
in  the  track  made  by  the  warrior  just  ahead.  When 
lying  in  ambush,  they  would  signal  one  another  by 
imitating  the  calls  of  wild  birds  or  beasts.  The 
slain  in  battle  were  always  scalped  and  sometimes  cut 
to  pieces.  A warrior’s  standing  in  his  tribe  depended 
on  the  number  of  scalps  he  took.  Captives  were 
treated  with  the  greatest  cruelty,  being  often  burned 
at  the  stake,  the  women  and  children  joining  in  this 
sport  with  great  delight.  The  victim  bore  the  tor- 
ment in  silence,  pride  preventing  his  showing  any 
sign  of  suffering. 

Indian  Religion 

Indians  believed  in  a hereafter,  which  they  pic- 
tured as  a happy  hunting  ground  where  the  game 
never  grew  scarce.  The  dead  were  buried  with 


18 


History  of  Georgia 


bow,  arrows,  and  tomahawk,  so  that  they  might  not 
be  without  weapons  in  the  other  world.  The  Indians 
were  superstitious,  believing  in  evil  spirits.  Unusual 
natural  occurrences  they  thought  were  due  to  the 
anger  of  these  spirits  and  they  sought  to  ward  off 
their  influence  by  using  charms  of  one  sort  and  an- 
other. 

Agriculture 

The  earliest  account  we  have  of  the  Georgia  In- 
dians is  found  in  the  notes  of  a companion  of  the 
famous  de  Soto,  who  explored  Georgia  in  1539. 
De  Soto’s  route  has  been  traced  across  the  Ocmulgee, 
Oconee  and  Ogeechee  rivers  to  the  Savannah  River. 
He  followed  the  Savannah  upstream  until  he  came 
to  the  mountainous  part  of  Georgia,  where  he  turned 
sharply  westward,  eventually  reaching  the  site  of 
Rome,  and  leaving  the  state  by  following  the  Coosa 
Rover  into  Alabama.  Even  at  that  early  time  the 
Georgia  Indians  were  living  in  villages,  had  wooden 
houses,  and  while  depending  principally  on  hunting 
and  fishing  for  food,  were  also  doing  some  farming. 
De  Soto  recorded  that  the  savages  grew  corn,  beans 
and  pumpkins,  preserved  plums  by  drying  them, 
made  oil  from  bear’s  fat  and  walnuts,  and  used,  of 
course,  the  native  fruits,  such  as  the  strawberry.  By 
the  eighteenth  century,  when  Georgia  was  settled  by 
white  men,  the  Indians  had  come  to  depend  prin- 
cipally on  agriculture  for  their  food,  as  game  had 
become  rather  scarce.  The  Indian  towns  were  gen- 
erally located  on  streams,  because  there  the  land 


History  of  Georgia 


19 


1 


Indian  Implements. 

1 Piercing  Instrument  Made  of  a Deer's  Tibia. 

2 and  4 Arrow  Heads.  3 Mortar  for  Crushing  Corn.  5 Axe. 

Reproduced  by  permission  from  Jones,  C.  C.,  “Antiquities  of  the  Southern 
Indians”  [Appleton). 


20 


History  of  Georgia 


was  most  fertile.  Each  dwelling  had  a garden,  in 
which  were  planted  peas,  beans,  and  early  ripening 
corn.  The  larger  fields  were  devoted  to  corn  raising. 
When  the  planting  time  came  the  able-bodied  men 
turned  out  and  worked  together  in  the  fields;  though 
in  some  towns  the  women  did  the  work.  The  tool 
in  ordinary  use  was  a hoe  made  of  a fish  bone  or  flat 
stone  fixed  upon  a wooden  handle. 

Indian  Handicraft 

After  the  white  men  came,  traders  supplied  the 
Indians  with  cloth,  beads,  paint,  and  a number  of 
articles  made  of  iron.  For  these  things  the  Indians 
exchanged  the  skins  of  wild  animals.  The  ease  with 
which  they  got  such  articles  tended  to  check  their 
own  industry,  but  they  were  skillful  workers  in  stone. 
Without  the  use  of  steel  or  iron  tools  they  made 
beautiful  arrowheads,  spearheads,  stone  pipes,  trum- 
pets, and  mortars  for  grinding  corn.  Earthenware 
of  many  designs  was  fashioned  by  them,  while  in 
the  arts  of  spinning  and  weaving,  the  dressing  of 
skins  and  dyeing,  the  Indians  were  expert. 

Indian  Marriage  Customs 

The  marriage  customs  of  the  Indians  varied  from 
tribe  to  tribe.  Among  the  Creeks  the  matches  were 
always  made  by  the  female  relatives  of  the  interested 
persons.  Having  picked  out  a girl,  the  young  war- 
rior sent  his  aunts,  cousins  and  sisters  to  consult  with 
the  women  of  the  girl’s  family.  If  the  match  was 
approved,  the  bridegroom-to-be  built  a cabin, 


History  of  Georgia 


21 


planted  and  gathered  a crop,  went  on  the  hunt  and 
brought  back  meat,  and  then  received  the  girl  into 
his  hut.  Marriage  was  not  considered  sacred  and 
no  ceremony  was  performed  by  a priest.  Separa- 
tion might  occur  at  any  time  either  the  man  or  the 
woman  desired  it.  Should  the  couple  part,  the  chil- 
dren became  the  property  of  the  mother.  The 
Creeks  had  as  many  wives  as  they  could  support; 
but  the  Cherokee  warriors  limited  themselves  to 
one. 

Funeral  Customs 

When  a Creek  died  he  was  buried  in  a pit  under 
his  cabin.  This  pit  was  about  four  feet  square  and 
the  body  was  placed  in  a sitting  position.  Gun, 
tomahawk  and  pipe  were  buried  with  the  body.  Im- 
mediately after  the  death  of  a Cherokee,  his  body 
was  washed,  anointed  and  placed  in  front  of  his 
lodge.  After  several  days  of  mourning,  the  body  was 
carried  three  times  around  the  hut,  and  then  buried 
in  a pit  under  the  floor.  The  Choctaws  placed  the 
dead  on  a scaffold  eighteen  or  twenty  feet  above  the 
ground.  When  only  the  skeleton  remained,  it  was 
taken  down  and  placed  in  a bone  house.  After  a 
number  of  skeletons  had  accumulated,  a funeral 
ceremony  was  performed  and  the  bones  buried  to- 
gether. Burning  the  dead  was  practiced  by  some 
Indians. 

Indian  Mounds 

The  valleys,  river  banks  and  islands  of  the  coast 
of  Georgia  were  once  dotted  with  hundreds  of 


?2 


History  of  Georgia 


Indian  mounds.  Numbers  of  them  still  stand,  the 
sole  monuments  we  have  of  the  former  inhabitants 
of  our  land.  The  mounds  vary  in  size  from  the  large 
one  in  Bartow  County,  which  is  sixty-five  feet  in 
diameter  at  the  top,  to  the  small  burial  mound.  The 
shape  of  some  of  these  mounds  suggest  that  in  ancient 


Indian  Mound  on  Tumlin  Plantation,  Bartow  County. 
Photograph  furnished  by  Mr.  Robert  Milan,  Cartersville,  Ga. 


times  the  Indians  may  have  used  them  as  temples. 
The  modern  Indians  used  them  as  watch  towers  to 
guard  against  surprise  attack  and  as  burial  places. 
This  is  known  because  in  digging  into  the  mounds 
many  skeletons,  vessels  for  food,  and  weapons  have 
been  found. 

Tobacco 

We  owe  to  the  Indians  our  knowledge  of  several 
important  plants,  among  which  Indian  maize,  or 
corn,  and  tobacco  have  had  the  widest  use.  Smoking 
was  unknown  in  the  world  before  the  discovery  of 


24 


History  of  Georgia 


America,  and  when  the  white  men  saw  the  Indians 
using  the  plant  they  at  first  thought  it  had  some 
medicinal  purpose,  as  it  made  the  white  man  ill 
when  he  tried  it.  The  savages  are  said  to  have  re- 
garded tobacco  as  the  special  gift  of  the  Great  Spirit 
for  their  enjoyment,  and  the  habit  of  smoking  seems 
to  have  been  practiced  by  nearly  all  Indians. 

Thousands  of  pipes  have  been  dug  from  the 
mounds  and  preserved  in  museums.  The  bowls  of 
these  Indian  pipes  are  often  highly  polished.  They 
vary  greatly  in  size,  some  holding  a thimbleful, 
others  as  much  as  a teacup.  A large  pipe  called 
a calumet  was  kept  by  each  tribe  and  was  smoked 
only  on  formal  occasions,  such  as  meetings  between 
the  tribes  or  between  Indians  and  white  men  to 
arrange  treaties.  The  taking  of  a whiff  of  the  calu- 
met was  a pledge  to  abide  by  the  treaty. 


Summary 

The  name  “Indian”  was  given  to  the  natives  of 
America  by  the  Spanish  explorers.  The  most  im- 
portant tribes  living  in  Georgia  were  the  Cherokees 
and  Creeks,  the  former  occupying  North  Georgia, 
the  latter  Middle  and  South  Georgia.  The  Indians 
were  not  a roving  people,  but  lived  in  fixed  homes, 
grouped  in  villages.  In  each  village  there  were  local 
rulers,  chosen  because  of  their  wisdom  or  physical 
prowess.  The  Indians  were  cruel  to  enemies  cap- 
tured in  war,  frequently  burning  them  at  the  stake. 
They  believed  in  a future  existence  and  buried  their 


History  of  Georgia 


25 


dead  with  bow  and  arrow,  or  at  a later  time,  with 
gun  and  ammunition.  Corn,  peas,  beans  and  other 
foodstuffs  were  regularly  planted  and  cultivated. 
The  Indians  were  skillful  in  spinning,  weaving  and 
dyeing  cloth,  in  making  pottery,  and  in  carving  and 
polishing  stones.  The  most  important  contributions 
of  the  Indians  to  modern  life  are  the  Indian  maize, 
the  sweet  potato,  and  the  tobacco  plant. 


QUESTIONS  FOR  LOCAL  STUDY 

1.  What  Indian  tribe  formerly  occupied  the  land 

of  your  county? 

2.  Are  there  any  Indian  mounds  in  the  county? 

Describe  them.  Have  any  interesting  relics 
been  dug  from  them? 

3.  Were  there  any  Indian  villages  in  your  county. 

(See  map  on  page  135a.) 

4.  Does  your  county  bear  an  Indian  name?  If  so, 

what  is  its  significance?  Do  any  towns,  rivers 
or  creeks  have  Indian  names? 

5.  Are  any  Indian  legends  associated  with  places 

in  your  county? 


CHAPTER  III 


THE  ENGLISH  BACKGROUND  OF  GEORGIA 
HISTORY 

Why  People  Moved  from  the  Old  World  to  the  New 
All  people  have  a natural  love  for  the  land  in 
which  they  are  born,  and  it  is  hard  to  tear  them- 
selves away  from  familiar  surroundings  and  move 
to  another  part  of  the  world.  But  in  the  colonial 
period  of  American  history,  thousands  of  people 
from  Europe  endured  the  hardship  of  crossing  the 
ocean  in  the  miserable  sail  boats  of  the  time  and 
of  taking  up  their  lives  anew  in  a strange  country, 
because  of  conditions  at  home  that  made  life  hard 
for  them.  Sometimes  people  came  because  of  pov- 
erty and  lack  of  opportunity  at  home;  sometimes  to 
take  advantage  of  fresh  and  cheap  land;  and  some- 
times to  escape  religious  or  political  persecution. 
We  shall  find  most  of  these  forces  working  to  bring 
settlers  to  Georgia.  The  English  settlers  were  re- 
leased prisoners  for  debt;  the  Scotch  were  looking 
for  better  land;  the  Germans  were  driven  out  of 
their  native  land  for  religious  reasons.  The  colony 
was  established  primarily  to  relieve  the  first  of  these 
classes,  the  prisoners  for  debt.  We  will,  therefore, 
be  obliged  to  study  the  conditions  in  England  which 
brought  about  a class  of  this  kind. 


26 


History  of  Georgia 


27 


Eighteenth  Century  England 

The  tone  of  English  society  in  the  eighteenth 
century  was  low.  Politics  were  corrupt,  religion 
neglected,  and  people  lived  recklessly  and  extrav- 
agantly. In  the  business  world,  it  was  a get-rich- 
quick  time,  and  much  money  was  lost  by  investing 
in  the  stock  of  worthless  companies.  One  such  com- 
pany, for  instance,  advertised  shares  in  a scheme  to 
change  iron  to  gold;  another  to  make  salt  water 
fresh;  another  wanted  to  sell  shares  in  a plan  “the 
nature  of  which  was  to  be  revealed  hereafter.” 
Strange  to  say,  thousands  of  persons  put  their  hard- 
earned  money  into  these  and  other  equally  foolish 
schemes. 

The  Drink  Evil 

The  bad  social  conditions  of  the  time  may  be  illus- 
trated by  the  widespread  evil  of  drunkenness.  Eng- 
lishmen had  always  depended  on  France  for  their 
wines,  but  at  a time  when  trade  between  the  two 
countries  was  interrupted,  there  was  invented  in 
England  a cheap  drink  known  as  gin.  The  use 
of  gin  is  said  to  have  “spread  like  a pestilence 
throughout  the  country.”  Saloon-keepers  hung  out 
signs  stating  that  for  a pennyworth  of  gin  one  could 
be  made  drunk;  for  two  pennyworth  he  could  get 
dead  drunk,  and  he  could  have  straw  to  sleep  on  for 
nothing.  More  than  5,000.000  gallons  of  spirits  were 
distilled  in  England  in  1733;  twentv  years  earlier 
only  2,000,000  gallons  were  made.  Most  of  this  was 
gin. 


28 


History  of  Georgia 


Harsh  Criminal  Laws 

At  the  time  of  the  settlement  of  Georgia  the  laws 
in  England  were  very  severe  and  cruel,  there  being 
about  160  crimes  for  which  the  punishment  was 
death.  Such  small  offenses  a«  stealing  an  article 
worth  a shilling,  sending  threatening  letters,  or  cut- 
ting down  trees  illegally,  might  result  in  a sentence 
of  death.  A person  might  be  thrown  into  jail,  if 
he  owed  money  that  he  could  not  pay.  Many  thou- 
sands of  persons  who  had  lost  their  property  through 
foolish  investments  or  extravagant  living  or  who  had 
been  conquered  by  the  drink  habit  were  put  into 
prison,  and  often  they  had  to  stay  there  for  the  rest 
of  their  lives. 

The  Prisons 

In  all  civilized  countries  today  the  prisons  are 
owned  and  managed  by  the  state;  but  in  England 
at  the  time  of  which  we  speak,  the  government  sold 
to  private  persons  the  right  to  manage  the  jails,  and 
the  prisons  were  run  as  a business  venture.  The 
man  who  leased  a prison  made  money  out  of  the 
prisoners  by  charging  them  for  board  and  other 
things.  Sometimes  the  jailers  would  allow  the  pris- 
oners to  go  out  at  night  and  rob  people,  sharing  with 
them  the  money  obtained.  Prisoners  who  could  not 
pay  were  treated  very  cruelly,  being  sometimes 
thrown  into  vile  dungeons  where  death  often  fol- 
lowed diseases  caused  by  the  filth.  The  outside 
world  was  strangely  unmoved,  as  a general  thing,  by 
the  suffering  of  these  unfortunates,  but  every  now  and 


History  of  Georgia 


29 


then  something  was  done  to  relieve  the  situation. 
For  instance,  in  1729  Parliament  directed  that  all 
prisoners  for  debt  be  released,  and  it  is  said  that  some 
97,000  persons  were  freed. 

Oglethorpe  Becomes  Interested 

It  happened  that  at  this  time  a member  of  Par- 
liament, named  James  Edward  Oglethorpe,  had  a 
friend  who  was  thrown  into  a debtors’  prison,  where 
he  contracted  small-pox  and  died.  Oglethorpe  was 
so  moved  by  this  occurrence  that  he  brought  about 
an  investigation  by  Parliament  of  prison  conditions. 
He  served  on  a committee  of  inspection,  and  during 
his  visits  to  the  prisons  became  so  wrought  up  over 
the  horrible  things  he  saw  and  heard  that  he  deter- 
mined to  do  something  to  help  the  better  class  of 
prisoners. 

Scheme  for  a New  Colony 

The  most  hopeful  plan  seemed  to  be  to  send  these 
people  away  from  crowded  England,  where  it  was 
so  hard  to  make  a living,  and  give  them  another 
chance  in  the  new  world  across  the  ocean.  Ogle- 
thorpe talked  over  the  matter  with  a number  of 
friends,  and  together  they  appealed  to  King  George 
II  for  a grant  of  land  to  be  made  into  a colony  to 
be  named  for  the  King. 

James  Edward  Oglethorpe 

We  are  not  at  all  surprised  at  the  present  time 
when  we  see  men  doing  unselfish  deeds.  People  are 
more  tender-hearted  than  they  once  were,  and  try  in 


30 


History  of  Georgia 


James  Edward  Oglethorpe. 
From  an  engraving  lent  by  Mr.  IV.  J.  DeRenne. 


many  ways  to  relieve  the  suffering  in  the  world.  In 
Oglethorpe’s  time,  human  life  was  held  cheap,  and 
men  were  rarely  moved  by  the  sufferings  of  others. 
Oglethorpe,  however,  differed  from  the  people  of 
his  day,  and  his  heart  glowed  with  quick,  warm 
sympathy  for  the  oppressed.  He  has  been  called 
the  “father  of  philanthropy.”  He  was  one  of  the 


History  of  Georgia 


31 


first  men  to  grasp  the  idea  that  the  state  might  do 
something  to  help  the  poor.  Georgia  is  peculiarly 
interesting  as  the  first  colony  ever  established  by  a 
government  to  relieve  the  unfortunate. 

Very  little  is  known  of  Oglethorpe’s  life  before 
he  became  interested  in  the  settlement  of  Georgia. 
He  was  born  in  1689,  and  was  sent  to  college  at 
Oxford.  He  did  not  remain  long,  however,  for  he 
wanted  to  be  a soldier.  When  the  war  of  the  Spanish 
Succession  broke  out,  he  enlisted  and  served  under 
the  great  Prince  Eugene  of  Savoy.  At  the  close  of 
the  war  he  became  a captain  in  the  Queen’s  Life 
Guards,  a famous  English  regiment.  He  entered 
Parliament  in  1722,  but  does  not  appear  to  have  been 
an  important  figure  in  that  body. 

Summary 

It  takes  powerful  motives  to  make  people  move 
from  the  country  of  their  birth  to  a new  land.  Such 
motives  are  religious  and  economic  oppression  at 
home  and  political  troubles.  Most  of  the  early  im- 
migrants to  Georgia  came  to  escape  bad  living  con- 
ditions in  England,  where  it  was  hard  to  make  a 
living  in  the  eighteenth  century;  or  to  escape  religi- 
ous persecution.  Persons  who  were  unable  to  pay 
their  debts  might  be  cast  into  prison,  and  it  was 
particularly  to  relieve  these  people  that  the  new 
colony  of  Georgia  was  begun  by  James  Edward 
Oglethorpe. 


CHAPTER  IV 


BEGINNINGS  OF  THE  COLONY  OF  GEORGIA 
1733-1740 


The  Charter 

King  George  II  signed  the  charter  of  the  colony 
of  Georgia  on  June  9th,  1,732.  The  name  Georgia 
was  chosen  in  honor  of  the  King.  The  charter  was 
a state  paper,  creating  the  colony,  appointing  certain 
persons  to  control  it,  making  a grant  of  land,  and 
laying  down  rules  for  the  government  of  the  colony. 
The  colony  of  Georgia  was  what  was  known  as  a 
“Proprietary  Colony,”  as  were  Maryland  and  the 
Carolinas,  but  differed  from  them  in  that  the  Pro- 
prietors, or  “Trustees”  as  they  were  called  in  this 
case,  were  prohibited  from  making  any  profit  out 
of  their  trust,  whereas  in  the  case  of  the  older  pro- 
prietary colonies,  profit  was  the  sole  object  in  found- 
ing them.  The  Trustees  appointed  to  govern  Geor- 
gia were  to  hold  office  for  twenty-one  years. 

Purposes  of  the  Colony 

The  chief  purpose  in  founding  Georgia  was,  of 
course,  to  give  a new  chance  to  released  prisoners 
for  debt,  but  there  were  other  ends  in  view.  Chief 
among  these  was  to  provide  protection  to  South 


32 


History  of  Georgia 


33 


Carolina.  The  map  shows  that  in  1733  the  Span- 
iards owned  Florida.  The  boundaries  of  this  prov- 
ince were  uncertain,  the  Spanish  government  claim- 


34 


History  of  Georgia 


ing  that  it  extended  to  the  Edisto  River  in  South 
Carolina.  The  French  held  the  country  about  the 
Mississippi  and  Mobile  Bay,  and  their  claims  ex- 
tended as  far  east  as  the  sources  of  the  Savannah 
River.  The  Spaniards  were  troublesome,  because 
they  encouraged  the  negro  slaves  of  Carolina  to  run 
away  and  then  refused  to  return  them.  South  Caro- 
lina was  weak  in  a military  way  because  there  were 
so  many  slaves  in  the  province  and  so  few  white 
persons.  There  were  three  times  as  many  negroes 
as  whites.  In  order  to  make  Georgia  strong  enough 
to  protect  South  Carolina  slavery  was  forbidden  in 
Georgia  and  steps  taken  to  prevent  the  growth  of 
large  plantations. 

A third  motive  in  the  establishment  of  Georgia 
was  the  idea  of  making  a colony  in  a latitude  that 
would  produce  silk  and  wine.  None  of  the  English 
colonies  produced  these  commodities  and  it  was 
thought  they  could  be  grown  in  Georgia. 

The  Land  Grant 

The  map  on  page  35  shows  the  original  land 
grant  of  Georgia.  This  territory  was  a part  of  South 
Carolina,  which,  the  English  claimed,  extended  to 
the  St.  Mary’s  River.  Georgia  was,  therefore,  carved 
out  of  South  Carolina.  The  grant  was  described  as 
including  all  of  the  land  lying  between  the  Altamaha 
River  and  the  Savannah  River  and  westward  from 
the  sources  of  these  streams  to  the  “south  seas.”  The 
words  “south  seas”  simply  meant  indefinitely  west- 
ward. 


History  of  Georgia 


35 


Selection  of  the  First  Immigrants 

The  Trustees  went  to  work  and  within  six  months 
had  made  their  plans  and  selected  the  first  lot  of 


36 


History  of  Georgia 


settlers.  They  carefully  studied  the  case  of  every 
man  who  wanted  to  go  to  Georgia,  trying  to  get  only 
such  as  were  honest  and  deserving  as  well  as  un- 
fortunate. Though  these  emigrants  were  released 
prisoners,  they  were  not  jail-birds  nor  degenerates 
in  the  ordinary  meaning  of  the  terms.  Their  only 
crime  had  been  that  of  thriftlessness. 

Oglethorpe  Leads  out  the  First  Band  of  Immigrants 
By  the  fall  of  1732  the  Trustees  had  selected  the 
first  shipload  of  emigrants,  and  on  November  17th 
the  ship  Anne  sailed  from  England  for  America, 
bearing  one  hundred  and  thirty  persons  destined  for 
the  new  colony.  Among  them  were  carpenters, 
farmers  and  mechanics.  Oglethorpe,  a member  of 
the  Trust  and  the  person  most  concerned  with  the 
success  of  the  venture,  went  with  the  emigrants.  He 
was  not  made  Governor  of  the  colony,  for  the  Trust- 
ees intended  to  keep  all  the  power  to  themselves. 
He  went  as  a sort  of  informal  agent  or  attorney,  and 
his  powers  were  strictly  limited.  Oglethorpe  was 
occupied  during  the  long  voyage  of  two  months  with 
keeping  up  the  spirits  of  the  people  who  had  under- 
taken this  great  adventure,  attending  the  sick,  look- 
ing after  the  food,  and  making  plans  for  the  settle- 
ment. 

The  Colonists  Reach  America 

The  voyagers  reached  Charleston  in  January, 
1733,  and  were  given  a friendly  welcome.  Proceed- 
ing southward,  Oglethorpe  stopped  again  at  Beau- 


History  of  Georgia 


37 


fort,  South  Carolina.  There  he  left  the  colonists 
for  a short  while  and  went  with  a few  companions 
to  choose  a site  for  the  first  settlement.  Entering  the 
Savannah  River,  he  pushed  upstream  until  he  found 
high  and  dry  ground  near  the  river.  It  was  nec- 
essary to  go  some  eighteen  miles  from  the  mouth 
of  the  river  before  a suitable  place  was  discovered. 

Oglethorpe  Selects  a Site 

The  spot  chosen  by  Oglethorpe  was  a bluff  forty 
feet  above  the  level  of  the  river.  A tribe  of  Indians 
called  Yamacraws  lived  there.  An  Indian  named 
Tomo-Chi-Chi  was  the  mico  of  the  tribe.  Nearby 
was  a trading  post,  owned  by  a white  man  named 
Alusgrove,  who  had  married  a half-breed  woman. 
Oglethorpe  desired,  of  course,  to  live  peaceably  with 
the  Indians,  so  he  went  to  their  settlement  and  found 
that  Musgrove’s  wife,  Mary,  spoke  both  English  and 
the  Indian  tongue.  She  was  employed  to  act  as  in- 
terpreter and  through  her  Oglethorpe  made  clear  his 
peaceful  intentions.  The  Indians  on  this  account  did 
not  oppose  his  landing.  Returning  in  a few  days  to 
Beaufort,  Oglethorpe  brought  his  colonists  in  six 
small  vessels  to  the  site  chosen,  which  he  had  decided 
to  call  Savannah.  The  colonists  lived  in  tents  until, 
after  much  labor,  they  had  cut  down  trees  and  made 
houses. 

Oglethorpe  and  the  Indians 

Oglethorpe  and  Tomo-Chi-Chi  became  fast 
friends,  and  through  the  Indian  chief’s  influence  the 
colonists  were  saved  from  Indian  attacks  for  a long 


38 


History  of  Georgia 


time.  Oglethorpe  had  Tomo-Chi-Chi  arrange  a 
meeting  of  the  Creek  chiefs  who  lived  near  Savan- 
nah. At  this  meeting  Oglethorpe  and  the  Indians 
made  a treaty  according  to  which  the  natives  gave 
to  the  colony  all  the  land  between  the  Altamaha 
and  the  Savannah  Rivers  and  as  far  westward  as 
tidewater  ran.  Several  islands  along  the  coast  were 
kept  by  the  Indians. 

Indian  Chiefs  Visit  England 

In  1734  Oglethorpe  returned  to  England  for  more 
settlers.  On  this  voyage  he  took  Tomo-Chi-Chi  and 
a party  of  chiefs.  After  a voyage  of  seventy 
days  the  ship  reached  England.  Can  you  imagine 
how  strange  everything  looked  to  these  children  of 
nature  who  had  never  seen  a city?  After  spending 
a few  days  at  Oglethorpe’s  country  home,  the  In- 
dians were  taken  to  London.  The  King  sent  three 
coaches,  each  drawn  by  six  horses,  to  convey  the  red 
men  to  his  palace.  They  were  presented  to  the  King 
and  to  other  great  men.  Many  entertainments  were 
given  them  and  the  Indians  visited  the  famous  places 
in  and  about  London.  Nothing  was  left  undone 
that  would  impress  them  with  the  greatness  and 
power  of  England.  After  staying  four  months  in 
England  the  party,  including  Oglethorpe  and  a num- 
ber of  new  settlers,  returned  to  Georgia,  reaching 
Savannah  in  December,  1734. 

Coming  of  the  Salzburgers 

In  far  away  Austria  there  was  at  the  time  Georgia 
was  founded  a small  state  called  Salzburg.  The 


History  of  Georgia 


39 


40 


History  of  Georgia 


people  were  Protestants  in  religion,  but  their  ruler 
was  a Catholic  archbishop,  and  he  persecuted  them 
so  cruelly  that  between  1729  and  1732  thirty  thou- 
sand left  their  homes  and  fled  to  countries  where 
they  could  worship  God  in  their  own  way.  In  1734 
arrangements  were  completed  by  which  the  Trust- 
ees of  the  colony  agreed  to  pay  the  expenses  of  a 
group  of  these  Germans  to  the  new  world.  The 
first  party  numbered  seventy-eight.  Oglethorpe 
placed  them  at  a point  near  the  Savannah  River, 
twenty-five  miles  north  of  Savannah.  The  Germans 
named  their  town  Ebenezer,  which  means  “stone  of 
help.”  The  town  was  in  the  present  county  of  Effing- 
ham. 

Later  other  Salzburgers  came,  until  finally  in 
1751  there  were  fifteen  hundred  of  them  in  Georgia. 
They  proved  a very  worthy  and  fortunate  addition 
to  the  colony,  as  they  were  industrious  and  God- 
fearing people. 

The  Moravians 

In  1735  another  band  of  German  Protestants  came 
from  Moravia,  a state  in  the  northern  part  of  Aus- 
tria. The  party  numbered  only  forty-seven.  Ogle- 
thorpe placed  them  between  the  towns  of  Ebenezer 
and  Savannah.  The  Moravians,  however,  did  not 
remain  long  in  Georgia.  They  were  religiously  op- 
posed to  fighting,  even  in  self-defense.  Though  like 
the  Salzburgers  they  were  a people  of  great  worth, 
their  refusal  to  fight  the  Spaniards  made  them  un- 
popular with  the  other  colonists,  and  they  decided 


History  of  Georgia 


41 


to  leave  Georgia.  Between  1738  and  1740,  they  de- 
parted, going  to  Pennsylvania. 

Augusta  Founded 

During  the  same  year,  1735,  another  town  was 
laid  out,  far  up  the  Savannah  River.  The  town  was 
named  Augusta  in  honor  of  one  of  the  royal  prin- 
cesses. Augusta  soon  became  quite  an  important 
place  for  Indian  trade,  not  less  than  six  hundred 
persons  engaged  in  this  business  having  the  town  as 
headquarters.  Some  two  thousand  pack  horse  loads 
of  skins  were  annually  brought  to  the  town. 

Scots  Settle  on  the  Altamaha  River,  1736 

The  next  lot  of  colonists  was  a company  oi  Scotch 
Highlanders,  who  were  located  on  the  Altamaha 
River,  some  sixteen  miles  from  its  mouth.  The  town 
they  named  New  Inverness,  for  their  native  town 
in  Scotland,  and  the  district  Darien,  in  memory  of 
the  unsuccessful  settlement  of  the  Isthmus  of  Darien 
in  America  in  1698.  Later  the  town  became  known 
as  Darien.  Some  of  the  English  colonists  were 
already  proving  themselves  unfitted  for  pioneer  life, 
and  Oglethorpe  brought  over  these  Highlanders  be- 
cause they  were  a hardier  and  more  energetic  peo- 
ple. This  settlement  was  made  with  the  view  of 
strengthening  the  southern  frontier  of  Georgia.  The 
Scots  were  well  fitted  for  military  service. 

Frederica  Founded 

The  year  1736  also  witnessed  the  beginning  of 
Frederica,  so  named  in  honor  of  Frederick,  Prince 


42 


History  of  Georgia 


of  Wales,  only  son  of  George  II.  The  village  was 
placed  on  St.  Simon’s  Island,  on  the  sound  that  sep- 
arates the  island  from  the  mainland.  A fort  was 
built  at  the  southern  end  of  the  island.  Frederica 
was  founded  to  give  additional  strength  to  the  colony 
on  the  side  nearest  the  Spaniards. 

Forgotten  Villages 

In  addition  to  these  more  important  settlements, 
a number  of  smaller  villages  or  hamlets  were  laid 
out.  Even  the  names  of  some  of  them  have  been 
forgotten.  A number  of  French  families  were  placed 
at  a village  named  Highgate,  about  five  miles  from 
Savannah.  Abercorn,  Hampstead  and  Joseph’s 
Town  were  other  villages  in  the  neighborhood  of 
Savannah. 

Parliamentary  Appropriations 

To  June,  1740,  Parliament  had  spent  nearly  a half 
million  dollars  to  aid  the  colony  of  Georgia,  and 
about  ninety  thousand  more  had  been  given  by  pri- 
vate persons.  With  this  assistance  the  Trustees  had 
sent  over  1,521  settlers,  of  whom  915  were  English 
and  Scotch,  and  606  foreign  Protestants.  There 
were  also  a few  who  had  come  over  at  their  own 
expense. 

Summary 

After  securing  from  King  George  II  a charter, 
which  gave  them  all  the  land  lying  between  the 
Savannah  and  Altamaha  Rivers,  the  Trustees  began 
at  once  to  send  out  settlers.  The  towns  of  Savannah, 


History  of  Georgia 


43 


Ebenezer,  Darien,  Augusta,  and  Frederica  were 
established  within  three  years  after  the  landing  of 
the  first  colonists.  This  was  quick  work,  when  we 
consider  the  difficulties  of  crossing  the  ocean  and 
conquering  the  wilderness.  People  of  English,  Ger- 
man, Scotch,  and  French  blood  were  received  into 
the  colony.  The  expenses  of  this  undertaking  were 
met  for  the  most  part  by  Parliament,  though  a con- 
siderable sum  was  given  by  individuals.  The  gov- 
ernment of  the  colony  was  in  the  hands  of  Ogle- 
thorpe as  long  as  he  remained  in  Georgia.  As  yet 
there  was  no  form  of  self-government. 

QUESTIONS  FOR  LOCAL  STUDY 

1.  Locate  on  a map  the  first  settlements  made  in 

Georgia,  giving  their  names. 

2.  Was  the  settlement  of  your  county  begun  before 

1776? 

3.  Can  you  find  the  names  of  any  of  the  original 

settlers  of  your  county?  Are  any  of  their 
descendants  still  living  in  the  county?  (Visit 
the  old  cemeteries  and  look  into  the  county 
records.) 

4.  What  nationalities  were  represented  among  the 

first  settlers? 

5.  Are  there  still  standing  any  buildings  of  colonial 

times?  Write  descriptions  of  them. 

6.  Are  there  any  historic  ruins  in  your  county? 


CHAPTER  V 

HARD  TIMES  IN  GEORGIA,  1733-1750 
Health  Conditions 

In  spite  of  the  untiring  efforts  of  Oglethorpe  and 
the  Trustees,  the  early  settlers  of  Georgia  had  a hard 
time.  They  had  to  face  not  only  the  usual  severe 
labor  and  rough  conditions  of  pioneer  life,  but  in 
Georgia  they  found  the  climate  of  the  coast  bad 
and  the  soil  comparatively  poor.  Malarial  fever 
killed  many.  Of  the  forty-seven  Moravians  ten  died 
in  the  short  time  they  were  in  Georgia.  In  twenty 
years  the  Dorchester  settlement1  lost  134  members, 
while  only  193  children  were  born.  Orphans  became 
so  numerous  that  the  Reverend  George  Whitefield, 
a noted  preacher,  established  an  orphanage  near 
Savannah.  This  institution,  known  as  the  Bethesda 
Orphanage,  is  said  to  have  been  the  first  of  its  kind 
in  America.  In  the  first  year  of  its  existence  the 
home  received  ISO  orphans. 

The  Land  Laws 

The  peculiar  rules  of  the  Trustees  in  regard  to 
the  land  also  proved  a hardship.  Those  settlers  who 
went  to  Georgia  at  the  expense  of  the  Trustees  were 
allowed  to  have  only  fifty  acres  of  land.  Those  who 
paid  their  own  expenses  and  carried  with  them  ten 


1 See  page  69. 


44 


History  of  Georgia 


45 


white  servants  were  permitted  to  have  five  hundred 
acres;  a smaller  number  of  acres  was  given  to  those 
carrying  fewer  servants.  In  neither  case,  however, 
was  complete  ownership  of  the  land  given.  The  set- 
tler was  allowed  to  hold  the  land  during  his  life, 
but  was  forbidden  to  sell,  mortgage  or  give  it  away. 
On  his  death  the  land  descended  to  his  eldest  son. 
If  there  were  no  son,  the  property  went  back  to  the 
Trustees. 

Reasons  for  the  Law 

There  were  two  reasons  for  this  law.  First,  one 
of  the  important  purposes  of  the  colony,  it  will  be 
remembered,  was  to  serve  as  a protection  to  South 
Carolina.  In  that  colony  the  land  for  the  most  part 
had  got  into  the  hands  of  a few  people,  many  of 
whom  owned  thousands  of  acres.  This  was,  of 
course,  a source  of  weakness,  as  it  meant  too  small 
a number  of  persons  on  a given  area  of  land.  In 
Georgia,  the  Trustees  sought  to  prevent  large  estates 
by  limiting  the  size  of  each  farm.  The  second  idea 
of  the  Trustees  was  that,  if  permission  were  given 
the  people  to  sell  their  land,  the  less  industrious 
would  soon  sell  out  and  become  hired  laborers.  Be- 
ing anxious  that  the  colonists  should  be  self-support- 
ing small  farmers,  the  Trustees  thought  the  best  way 
to  help  them  was  to  put  it  beyond  their  power  to 
dispose  of  the  land. 

Objections  to  the  Law ; its  Repeal 

The  colonists  from  the  first  begged  the  Trustees 
to  change  this  rule.  They  said  that  fifty  acres  was 


46 


History  of  Georgia 


not  enough  land  in  a new  country  for  a man  to  live 
on.  Sometimes  part  of  the  land  lay  in  marshes  and 
sometimes  it  was  barren.  Again,  while  the  law  pre- 
vented the  unindustrious  from  selling  out,  it  also  put 
an  unfair  obstacle  in  the  way  of  those  who  were 
hardworking  and  were  able  to  manage  larger  farms. 
Still  another  objection  was  that  people  of  means 
would  not  come  to  Georgia,  because  in  other  colonies 
they  could  get  complete  ownership  of  larger  quan- 
tities of  land. 

The  Trustees  after  a number  of  years  became  con- 
vinced that  the  law  was  not  wise  and  gradually 
changed  it,  though  it  was  as  late  as  1750  before  com- 
plete ownership  was  permitted. 

The  Prohibition  of  Slavery 

Another  of  the  early  laws  that  caused  much  dis- 
satisfaction was  the  denial  to  the  settlers  of  the  priv- 
ilege of  having  negro  slaves.  This  rule  was  due  to 
a variety  of  reasons.  The  main  purpose  of  the  col- 
ony was  to  give  a new  start  in  life  to  men  who  had 
failed  through  thriftlessness,  and  the  Trustees 
thought  these  people  ought  to  be  required  to  do  their 
own  work.  Another  reason  is  to  be  found  in  the 
military  purpose  of  the  colony,  to  protect  South 
Carolina.  The  defenseless  condition  of  South  Caro- 
lina was  due  to  the  large  number  of  negroes  in  pro- 
portion to  the  whites.  Clearly,  if  slavery  were 
allowed  in  Georgia,  the  new  colony  would  be  as  weak 
as  South  Carolina  and  of  no  use  as  a military  defense. 
In  the  third  place,  the  Trustees  desired  the  colonists 


History  of  Georgia 


47 


to  pursue  light  industries,  such  as  producing  raw  silk 
and  wine,  and  they  believed  that  for  work  of  this 
nature  the  labor  of  negro  slaves  would  be  unneces- 
sary. 

Indented  Servants 

While  forbidding  the  use  of  negro  slaves,  the 
Trustees  allowed  the  colonists  to  have  white  servants. 
These  servants  were  people  whose  expenses  in  com- 
ing from  Europe  to  America  had  been  paid  on  con- 
dition that  they  bind  themselves  to  serve  for  a certain 
term  of  years  the  men  who  advanced  the  money.  The 
legal  paper  containing  the  agreement  was  known  as 
an  “indenture.”  The  Trustees  offered  grants  of  twenty 
acres  and  later  of  fifty  acres  to  those  indented  serv 
ants  who  faithfully  worked  out  their  time  and  de 
sired  to  remain.  A few  of  the  servants  brought  ovei 
under  this  arrangement  did  well  and  took  advantage 
of  the  Trustees’  offer,  but  the  larger  number  of  them 
refused  to  work  after  a short  time,  became  idle, 
vicious  and  drunken,  killed  the  cattle  of  their  masters 
and  of  the  Trust,  and  ran  away  to  South  Carolina, 
where  every  obstacle  was  put  in  the  way  of  their 
recapture.  Oglethorpe  wrote  in  1739  that  the  peo- 
ple were  disgusted  with  their  white  servants.  Of 
course,  they  were  no  better  suited  than  their  masters 
for  labor  in  the  climate  of  Georgia. 

Demand  for  Slaves 

At  a very  early  date  in  the  history  of  the  colony 
the  English  element  among  the  settlers,  that  is  to  say, 


48 


History  of  Georgia 


those  living  in  Savannah  and  its  neighborhood,  be- 
came dissatisfied  and  begged  to  be  allowed  to  bring 
in  negroes.  Many  different  reasons  were  advanced 
in  support  of  this  demand.  The  climate,  it  was 
urged,  was  such  that  white  men  could  not  work  in  it; 
the  light  industries  were  unsuccessful,  and  it  was 
necessary  that  the  colonists  turn  their  attention  to 
heavier  forms  of  work  more  suited  to  Georgia  con- 
ditions, such  as  rice  and  corn  production.  The  white 
servants,  it  was  contended,  were  useless.  James 
Habersham,  one  of  the  leading  spirits  in  the  colony, 
in  a letter  written  in  1739  well  stated  the  views  of 
those  who  desired  slavery.  He  said  the  people  had 
been  industrious,  but  that  it  was  impossible  to  make 
a living.  It  was  impossible  for  white  men  to  work 
in  the  heat  of  summer,  he  said.  And  furthermore, 
it  was  so  difficult  and  costly  to  clear  the  land  for 
culture  that  it  would  be  almost  as  cheap  to  buy 
land  in  some  parts  of  England.  Eight  years  later, 
in  1847,  Habersham  informed  the  Trustees  that 
“The  few  remaining  inhabitants  here  are  so  dis- 
pirited and  heartbroken,  that,  supposing  any  real 
encouragement  could  be  proposed,  I almost  reckon  it 
an  impossibility  to  persuade  them  that  anything  of 
this  nature  can  be  done,  and  he  that  would  attempt 
it  would  be  looked  upon  rather  as  their  enemy  than 
their  friend,  and  I must  confess  that  things  have  had 
such  a dreadful  appearance  for  some  time  past,  that, 
rather  than  see  the  colony  deserted  and  brought  to 
desolation,  I really,  with  the  Trustees,  would  have 


History  of  Georgia 


49 


consented  to  the  use  of  negroes,  and  was  sorry  to 
hear  that  they  had  written  so  warmly  against  them.” 
It  will  be  inferred  that  Habersham  had  been  op- 
posed to  the  introduction  of  slavery,  but  had  come 
to  believe  it  was  necessary,  if  the  colony  was  to  con- 
tinue. 

Opposition  of  Germans  and  Scots  to  Slavery 

The  agitation  of  the  English  colonists  for  slaves 
was  obstructed  for  a number  of  years  by  the  atti- 
tude of  the  Germans  of  Ebenezer  and  the  Scots  of 
Darien.  These  people  had  been  accustomed  to  hard 
manual  labor  in  the  old  countries  and  disliked  the 
idea  of  having  slaves.  Whenever  the  English  set- 
tlers petitioned  the  Trustees  to  introduce  negroes, 
the  Scots  and  Germans  would  send  counter  petitions 
begging  that  slavery  be  not  allowed.  In  view  of  this 
disagreement  among  the  colonists,  the  Trustees,  who 
were  themselves  strongly  opposed  to  a change,  re- 
fused to  alter  their  rule  on  the  subject. 

Final  Agreement  Among  the  Colonists 

As  time  went  on  the  condition  of  the  colony  grew 
steadily  worse.  The  settlers  began  to  leave  the  col- 
ony in  large  numbers  and  it  seemed  likely  that  the 
venture  would  have  to  be  abandoned,  unless  a change 
was  made.  Even  the  Germans  and  Scots  eventually 
added  their  cry  to  that  of  the  English  settlers,  so 
that  the  Trustees  were  persuaded  in  1749  to  remove 
the  restriction  against  negroes. 

Georgia  was  the  only  one  of  the  original  colonies 


50 


History  of  Georgia 


in  which  slavery  was  not  allowed.  Her  experience 
is  therefore  very  interesting,  and  seems  to  indicate 
that  slavery  was  a necessity  for  the  quick  clearing 
up  of  the  land  and  for  the  heavy  labor  under  bad 
health  conditions. 


Denial  of  Rum 

Georgia  was  also  the  only  colony  in  which  the 
manufacture  or  sale  of  whisky  was  forbidden.  The 
explanation  of  this  rule  is  to  be  found  in  the  belief 
of  the  Trustees  that  drink  had  caused  the  downfall 
of  many  of  the  settlers  from  England.  It  was  desired 
to  remove  from  them  a temptation  which  many 
would  probably  not  be  able  to  resist.  Beer  and  wine 
were  not  included  in  the  prohibition  and  houses  were 
licensed  for  the  sale  of  these  lighter  beverages.  The 
colonists  deeply  resented  the  denial  of  rum,  even 
claiming  that  it  was  necessary  to  modify  the  water 
with  a little  whisky  to  make  it  palatable.  It  was 
impossible  to  prevent  the  growth  of  blind  tigers. 
In  1738  the  magistrates  of  Savannah  called  atten- 
tion to  the  “vile  abuse  lately  crept  in  among  us,  in 
selling  spirituous  Liquors  in  many  private  houses, 
unlicensed  to  sell  any  sort  of  Drink,  which  produced 
grievous  consequences,  and  would  tend  to  the  Ruin 
of  the  Colony  if  not  suppressed.”  Juries,  however, 
refused  to  convict  persons  guilty  of  operating  blind 
tigers.  In  1742  the  matter  was  laid  before  Parlia- 
ment, and  the  Trustees  were  directed  by  Parliament 
to  repeal  the  law  on  this  subject. 


History  of  Georgia 


51 


Summary 

The  progress  of  the  colony  was  slow  during  the 
first  twenty  years  on  account  of  the  bad  health  con- 
ditions and  the  policy  of  the  Trustees  in  prohibiting 
the  full  ownership  of  land  and  in  denying  the  use 
of  negro  slaves.  These  laws  were  due  partly  to  the 
feeling  that  many  of  the  colonists  needed  protection 
from  the  danger  of  falling  into  the  condition  of 
laborers  and  from  idleness  that  might  follow  the  use 
of  slaves;  and  partly  to  the  desire  to  make  the  colony 
strong  in  a military  way.  But  it  was  found  in  prac- 
tice that  the  laws  would  not  work,  and  in  order  to 
prevent  the  abandonment  of  the  colony,  the  Trustees 
were  forced  to  repeal  all  of  their  restrictions.  We 
shall  see  that  an  era  of  great  prosperity  followed  the 
change. 


CHAPTER  VI 


THE  SPANISH  WAR,  1740-1742 
Boundary  Disputes 

In  a former  chapter  1 the  rival  claims  of  the  great 
powers  to  the  land  of  North  America  were  ex- 
plained; Spain,  it  will  be  remembered,  claimed  that 
the  English  settlement  of  Georgia  was  an  encroach- 
ment on  her  territory,  which,  according  to  the  Span- 
ish view,  extended  as  far  north  as  the  Edisto  River 
in  South  Carolina.  The  English,  on  the  other  hand, 
held  that  the  St.  John’s  River  marked  the  northern 
limit  of  the  Spanish  province  of  Florida. 

Oglethorpe  Prepares  for  War 

Three  years  after  the  first  immigrants  reached 
Georgia,  the  Spanish  government  demanded  that  the 
English  surrender  all  settlements  in  the  new  colony, 
and  Oglethorpe  saw  that  sooner  or  later  it  would  be 
necessary  to  end  the  dispute  by  war.  He  at  once 
began  to  prepare  for  the  struggle.  The  towns  of 
Frederica  and  Darien  had  been  built  with  the  spe- 
cial view  of  protecting  the  southern  frontier;  on  the 
southern  end  of  St.  Simon’s  Island  Fort  St.  Simon’s 
was  erected;  Fort  St.  Andrew  and  Fort  William 
were  built  on  the  two  ends  of  Cumberland  Island, 


1 Chapter  IV. 


52 


History  of  Georgia 


53 


while  near  the  mouth  of  the  St.  John’s  River,  on 
San  Juan  Island,  another  fort,  called  Fort  St.  George, 
was  placed. 

Financial  Difficulties 

Oglethorpe  was  seriously  hindered  in  these  prep- 
arations by  lack  of  aid  from  England.  Flis  letters 
are  full  of  entreaties  for  money  with  which  to  carry 
on  the  work  of  fortification.  He  complained  that 
his  forts  were  falling  into  ruins,  and  that  he  lacked 
guns,  ships,  and  ammunition.  Even  when  grants 
were  made  by  Parliament,  the  money  often  came  too 
late  to  be  used  to  the  greatest  advantage.  As  to  fur- 
nishing soldiers,  all  the  English  government  would 
do  was  to  allow  Oglethorpe  to  raise  a regiment  in 
England.  Oglethorpe  succeeded  in  doing  this,  and 
was  made  Colonel  of  the  force.  In  addition,  Par- 
liament made  him  General  and  Commander-in- 
Chief  of  His  Majesty’s  forces  in  Georgia  and  South 
Carolina. 

Discontent  of  the  Colonists 

While  the  preparations  for  war  were  in  progress, 
the  disputes  related  in  the  last  chapter  in  regard 
to  land  and  slavery  were  at  their  height.  Many  of 
the  farmers  had  been  called  from  the  held  for  mili- 
tary duty,  and  their  families  had  to  depend  on  the 
Trustees  for  food.  A large  number  of  settlers, 
therefore,  deserted  the  colony  and  went  to  South 
Carolina.  In  1739,  Oglethorpe  informed  the  Trust- 
ees that  it  was  so  hard  to  get  food  that  the  colonists 
were  stealing  the  cattle  belonging  to  the  Trust. 


54 


History  of  Georgia 


The  Wesleys 

In  addition  to  Oglethorpe’s  other  worries,  he  had 
to  deal  with  religious  disputes.  John  Wesley  and 
his  younger  brother,  Charles,  had  come  to  Georgia 
as  pastors  in  1736,  at  the  invitation  of  the  Trustees. 
The  former  was  stationed  at  Savannah,  the  latter 
at  Frederica.  These  great  and  good  men,  who  after- 
wards became  so  famous  as  the  founders  of  Method- 
ism, were  at  that  time  clergy  of  the  Church  of  Eng- 
land. They  were  young,  John  being  thirty-three 
and  Charles  twenty-nine;  and  they  did  not  fit  in  well 
with  the  pioneer  life  of  Georgia.  The  colonists  felt 
that  they  interfered  too  freely  in  their  private  affairs. 
They  became  unpopular,  and  thinking  that  their 
usefulness  would  be  greater  in  other  fields,  they  left 
Georgia,  Charles  in  the  year  of  his  arrival,  John 
in  1737. 

Oglethorpe  Invades  Florida 

In  1713,  at  the  close  of  the  War  of  the  Spanish 
Succession,  England  had  agreed  not  to  trade  with 
Spain’s  South  American  colonies,  except  that  once 
every  year  a shipload  of  goods  might  be  sent.  But 
the  British  merchantment  had  not  abided  by  this 
agreement.  They  found  it  profitable  to  smuggle 
goods  into  the  Spanish  possessions.  In  order  to  pre- 
vent this,  Spain  stationed  ships  along  the  coast  to 
catch  the  smugglers,  and  often  mistreated  the  sailors 
on  trading  vessels  that  had  been  seized.  Public  opin- 
ion in  England  demanded  that  Spain  be  punished 
and  in  1739  England  declared  war.  The  struggle 


History  of  Georgia 


55 


between  Oglethorpe  and  the  Spaniards  of  Florida  is, 
therefore,  a part  of  the  larger  war.  Although  Geor- 
gia was  much  weaker  than  Florida,  Oglethorpe 
decided  to  put  on  a bold  front  and  invade  the  enemy’s 
country.  Accordingly  in  January,  1740,  the  General 
sailed  up  the  St.  John’s  River,  and,  aided  by  In- 
dians, took  two  Spanish  forts,  Picolata  and  St.  Fran- 
cis, which  faced  each  other  on  opposite  sides  of  the 
stream.  He  did  not,  however,  cross  the  narrow  neck 
of  land,  about  twenty  miles  wide,  to  St.  Augustine, 
the  great  fortress  of  Florida.  The  two  captured  forts 
were  important  because,  being  on  opposite  sides  of 
the  river,  they  gave  the  command  of  the  stream. 

After  taking  these  forts,  Oglethorpe  returned  to 
Georgia,  and  we  next  hear  of  him  before  the  assem- 
bly of  South  Carolina,  pleading  for  help  in  men 
and  money.  The  aid  he  received  amounted  to  very 
little. 

The  Siege  of  St.  Augustine 

In  May,  1740,  General  Oglethorpe,  with  an  army 
the  size  of  which  has  been  variously  stated,  but 
which  did  not  amount  to  more  than  two  thousand 
men,  advanced  against  St.  Augustine.  His  plan  was 
a combined  land  and  sea  attack.  The  army  was  to 
land  near  the  mouth  of  the  St.  John’s  and  march 
against  the  city;  the  fleet  of  six  British  men-of-war 
was  to  enter  the  narrow  sound  that  separates  the 
Island  of  Anastasia  from  the  mainland  and  attack 
the  city  in  front.  Oglethorpe  carried  out  his  part 
of  the  plan  successfully,  but  the  fleet  was  unable  to 


56 


History  of  Georgia 


Coast  of  Georgia  and  Florida:  Spanish  War. 


History  of  Georgia 


3/ 


enter  the  sound  on  account  of  the  shallowness  of 
the  water.  The  storming  of  the  city  had  to  be  aban- 
doned, and  Oglethorpe  decided  to  lay  siege  to  the 
fortress.  This  decision  turned  out  to  be  an  error 
of  judgment.  The  town  was  well  fortified,  with  fifty 
cannon  mounted  on  its  walls;  the  Spaniards  inside 
the  walls  outnumbered  the  besiegers,  while  the  war 
vessels  could  give  no  aid.  In  spite  of  these  facts, 
the  town  was  besieged  for  three  weeks,  but  the  Gen- 
eral’s cannon  were  so  small  and  the  distance  so  great 
that  little  damage  was  done  to  the  strong  walls  of 
the  fortress.  In  June  the  Spaniards  succeeded  in 
bringing  in  fresh  supplies  for  the  town,  and  shortly 
thereafter  a large  reinforcement  of  men  and  food 
arrived  from  Cuba.  The  situation  was  clearly  hope- 
less; Oglethorpe  was  sick  with  fever,  and  his  troops 
were  worn  out.  The  siege  was  therefore  given  up, 
and  the  armv  returned  to  Georgia,  reaching  Fred- 
erica on  July  10th. 

The  Spaniards  Invade  Georgia,  1742 

Two  years  passed  before  the  Spaniards  undertook 
to  carry  out  their  long  cherished  plan  of  destroying 
the  colony  of  Georgia.  Their  main  attack  came 
in  July,  and  was  directed  against  Frederica.  On  the 
5th,  a fleet  of  thirty-six  vessels  appeared  before  St. 
Simon’s  Fort.  To  meet  the  Spanish  army  of  five 
thousand  men  (some  authorities  say  six  thousand), 
Oglethorpe  had  less  than  seven  hundred  soldiers. 
The  approaching  Spanish  fleet  was  cannonaded  by 
the  guns  of  the  fort.  After  hours  of  fierce  fighting, 


58 


History  of  Georgia 


it  succeeded  in  getting  by  in  the  direction  of  Fred- 
erica. Oglethorpe  then  thinking  that  the  main  at- 
tack would  be  by  water,  withdrew  from  Fort  St. 
Simon’s  and  marched  his  men  back  to  Frederica. 
The  Spanish  army,  however,  landed  about  four  miles 
from  the  fort  and  marched  across  to  occupy  it,  pitch- 
ing their  camp  there. 

The  only  way  from  the  camp  of  the  enemy  to 
Frederica  was  a narrow  rough  road,  which  Ogle- 
thorpe had  cut  through  the  dense  woods  and  marshes. 
On  July  7th  the  advance  guard  of  the  Spaniards 
set  out  upon  this  road.  Oglethorpe  realized  that 
his  only  chance  of  victory  was  to  fall  upon  the  enemy 
while  they  were  straggling  through  the  woods.  Had 
they  been  given  time  to  arrange  a line  of  battle  and 
attack  him  with  their  full  force,  defeat  would  have 
been  certain.  General  Oglethorpe,  therefore, 
marched  out  of  Frederica  with  a party  of  Indians 
and  Flighlanders,  met  the  Spaniards  and  overcame 
them,  either  killing  or  wounding  the  greater  part 
of  the  advance  guard  of  about. two  hundred  men. 
Pursuing  the  flying  enemy  almost  back  to  their  camp, 
he  left  three  platoons  of  his  regiment  and  the  com- 
pany of  Highlanders  to  watch  the  enemy.  He  then 
returned  to  Frederica  to  make  ready  for  the  attack 
of  the  main  body  of  Spaniards. 

The  Battle  of  Bloody  Marsh 

While  Oglethorpe  was  in  Frederica,  another  body 
of  Spaniards  advanced  against  the  force  he  had  left 
in  the  woods,  and  being  outnumbered,  the  Georgians 


History  of  Georgia 


59 


retreated  in  the  direction  of  Frederica.  Two  of  the 
three  platoons  tied  in  disorder,  but  on  reaching  a 
certain  bend  in  the  road  where  there  was  an  open 
area,  one  of  the  platoons,  under  Lieutenant  Suther- 
land, and  the  company  of  Scotch  Highlanders,  com- 
manded by  Captain  Mackay,  decided  to  make  a stand. 
They  hid  themselves  in  the  woods  and  marshes 
about  the  open  space.  On  reaching  this  point  the 
Spaniards  halted  to  prepare  a meal.  Unconscious 
of  their  peril,  they  had  laid  aside  their  arms,  when 
suddenly  a deadly  fire  was  poured  into  the  party  by 
the  hidden  force  of  Georgians.  About  two  hundred 
Spaniards  were  killed,  only  a few  managing  to  es- 
cape back  to  the  camp.  This  affray  is  famous  in 
Georgia  history  as  the  Battle  of  Bloody  Marsh.  As 
soon  as  Oglethorpe  heard  the  firing,  he  hastened 
up  to  support  his  men,  but  arrived  too  late  to  take 
part  in  the  battle.  The  Society  of  Colonial  Dames 
and  the  Society  of  Colonial  Wars  have  placed  a 
beautiful  monument  on  the  spot  where  this  battle 
was  fought. 

Oglethorpe  Works  a Strategem 

After  this  defeat,  the  Spanish  army  remained  in 
camp  for  several  days,  debating  what  to  do.  Dis- 
putes arose  among  the  officers  and  the  several  divi- 
sions of  the  army  failed  to  work  together.  Learning 
of  this  state  of  affairs,  Oglethorpe  decided  to  make 
a night  attack  on  the  camp.  When  about  a mile 
and  a half  from  the  camp,  a Frenchman  who  had 
joined  the  Georgia  force  as  a volunteer,  suddenly 


60 


History  of  Georgia 


fired  his  gun  as  a signal  and  deserted  to  the  enemy. 
Oglethorpe  was  therefore  obliged  to  give  up  his 
attack,  as  its  only  hope  of  success  lay  in  surprising 
the  enemy.  Later  in  the  day  he  hit  upon  the  idea 
of  turning  to  his  own  advantage  the  treachery  of 
the  French  deserter.  Fie  wrote  the  Frenchman  a 
letter,  which  he  knew  would  probably  fall  into  the 
hands  of  the  Spanish  commander.  The  letter  was 
written  as  if  the  Frenchman  was  not  really  a deserter, 
but  a paid  spy.  Oglethorpe  hired  a Spanish  pris- 
oner to  deliver  the  letter;  and,  as  he  had  hoped,  it 
was  given  to  the  commander.  On  opening  the  letter, 
the  Spanish  commander  read  instructions  from  Ogle- 
thorpe to  the  Frenchman  to  persuade  the  Spaniards 
that  they  would  be  safe  in  attacking  him  on  account 
of  the  weakness  of  his  army;  that,  if  they  decided  to 
attack,  they  were  to  be  led  to  a certain  place,  where 
an  ambush  would  be  arranged;  but  if  they  were 
unwilling  to  attack,  the  deserter  was  to  try  his  best 
to  persuade  them  to  remain  a few  days  longer,  as 
Oglethorpe  was  expecting  large  reinforcements,  he 
said,  from  South  Carolina. 

This  letter  so  alarmed  the  Spanish  commander  that 
he  lost  no  time  in  getting  his  army  back  to  the  ships 
and  weighing  anchor.  The  failure  of  this  attack 
on  Frederica  and  the  success  of  Oglethorpe’s  trick 
ended  the  Spanish  invasion,  no  further  attempt  being 
made  from  St.  Augustine  to  destroy  the  colonv. 

Importance  of  the  War 

The  importance  of  this  defeat  of  the  Spanish  in- 


History  of  Georgia 


61 


vaders  is  that  it  meant  the  success  of  Georgia  as  a 
military  colony.  Georgia  had  been  planted  to  pro- 
tect the  neighboring  colonies  from  attack  and  had 
accomplished  this  end. 

Summary 

Ever  since  the  establishment  of  the  colony  of 
Georgia,  a Spanish  attempt  to  destroy  it  had  been 
expected,  as  Spain  regarded  the  settlement  as  an 
encroachment  on  her  territory.  Oglethorpe  was 
greatly  hampered  in  preparing  to  meet  the  attack 
on  account  of  the  troubles  among  the  colonists  and 
the  lack  of  aid  from  England  and  from  the  stronger 
colony  of  South  Carolina.  In  1740,  he  made  an 
unsuccessful  attempt  against  St.  Augustine.  Two 
years  later  the  Spaniards  invaded  Georgia,  five 
thousand  strong,  but  were  defeated  by  Oglethorpe 
with  a force  of  six  hundred  and  fifty  men,  the  vic- 
tory being  due  to  Oglethorpe’s  superior  generalship 
and  the  timidity  of  the  invaders.  The  victory  was 
of  great  importance,  because,  if  Georgia  had  been 
destroyed,  the  war  would  have  been  carried  into  the 
other  English  colonies. 


CHAPTER  VII 


GEORGIA  BECOMES,  A ROYAL  PROVINCE,  1754 

Reasons  Why  the  Trustees  Resigned 

When  the  Trustees  were  forced  by  the  discontent 
of  the  people  to  allow  slaves  and  rum  to  be  intro- 
duced and  to  give  up  their  land  system,  they  felt 
that  their  plans  had  been  a failure.  Furthermore, 
interest  in  the  colony  had  largely  died  out  in  Eng- 
land, gifts  of  money  by  private  persons  had  ceased, 
and  Parliament  in  1751  failed  to  make  any  appro- 
priation to  carry  on  the  affairs  of  the  colony.  The 
Trust  would  have  ended  anyhow  in  June,  1753,  by 
the  terms  of  the  charter,  but  the  Trustees  resigned 
in  June,  1752,  feeling  that  they  could  be  of  no  fur- 
ther use  and  wishing  to  place  on  other  shoulders 
the  burden  of  managing  the  affairs  of  the  colony. 
Georgia  then  went  under  the  direct  control  of  the 
Crown.  A proclamation  was  issued  commanding 
the  officials  in  Georgia  to  remain  at  their  post  until 
a new  government  could  be  arranged. 

The  Three  Sorts  of  Colonial  Government 

Among  the  original  thirteen  colonies  that  became 
the  United  States  there  were  three  varieties  of  gov- 
ernment. In  some  colonies  the  people  governed 
themselves  with  little  or  no  interference  from  the 


62 


History  of  Georgia 


63 


English  government.  Other  colonies  were  prac- 
tically the  property  of  individuals  or  groups  of  men 
who  had  been  given  the  land  by  the  King.  England 
exercised  but  little  control  over  these  proprietary 
colonies.  A third  form  of  government  was  called 
the  Royal  Province.  As  time'  went  on  England 
gradually  changed  most  of  the  colonies  into  Royal 
Provinces,  because  under  this  arrangement  she  could 
exercise  great  control  over  them.  When  the  Trust- 
ees of  Georgia  resigned,  Georgia  was  made  into  a 
Royal  Province. 

Government  of  the  Royal  Province 

The  government  set  up  in  the  colony  was  similar 
to  that  in  the  other  royal  provinces.  At  the  head 
of  the  government  stood  the  Governor,  who  was 
appointed  by  the  King  and  held  office  during  the 
King’s  pleasure,  He  was  given  the  power  to  ap- 
point all  the  officers  who  were  not  appointed  by 
the  King;  he  presided  over  the  highest  court;  could 
veto  any  act  of  the  assembly;  and  had  control  over 
the  granting  of  land.  No  governor  of  Georgia  as 
a free  state  has  ever  been  so  powerful  as  were  the 
royal  governors. 

An  interesting  feature  of  the  new  government  was 
the  council.  It  consisted  of  fourteen  members  ap- 
pointed by  the  King  to  hold  office  for  life.  It  not 
only  advised  the  Governor  in  the  performance  of 
his  duties,  but  sat  as  the  upper  house  of  the  assembly, 
thus  assisting  in  law-making.  It  also  sat,  with  the 
Governor,  as  the  court  of  appeals. 


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History  of  Georgia 


The  Commons  House  of  Assembly 

The  lower  house  of  the  assembly  was  composed 
of  representatives  elected  by  the  people.  The  first 
assembly  met  in  January,  1755,  and  consisted  of 
nineteen  members.  It  was  through  the  commons 
house  of  assembly  that  Georgians  for  the  first  time 
were  permitted  a voice  in  their  own  government. 

Qualifications  for  Voting  and  Office  Holding 

It  was  many  years  before  every  Georgian  obtained 
the  right  to  vote.  During  colonial  days  and  for  a 
time  after  the  Revolution,  certain  restrictions  were 
put  on  the  privilege  of  voting.  No  one  could  vote 
who  did  not  own  at  least  fifty  acres  of  land,  and 
he  must  have  five  hundred  acres  in  order  to  become 
a member  of  the  assembly. 

Courts 

The  principal  court  established  was  called  the 
General  Court,  and  was  located  at  Savannah.  To 
preside  over  this  court  the  Crown  appointed  a Chief 
Justice  of  Georgia.  There  were  three  assistant 
judges  who  were  appointed  by  the  governor.  In- 
ferior or  justice  courts  were  established  to  try  small 
cases. 

Governor  John  Reynolds,  1754-1756 

There  were  in  all  three  royal  governors.  The 
first  was  Captain  John  Reynolds,  of  the  Royal  Navy. 
He  was  appointed  on  August  6th,  1754,  and  reached 
Georgia  in  October.  He  remained  only  two  years, 
when  he  was  recalled  by  the  King  because  of  his 
quarrels  with  the  Assembly. 


History  of  Georgia 


65 


Governor  Henry  Ellis,  1757-1760 

To  succeed  Reynolds,  Henry  Ellis  was  sent  to 
Georgia  in  February,  1757.  He  proved  an  efficient 
and  popular  governor  and  during  his  administration 
the  colony  progressed.  His  most  notable  success  was 
in  preventing  Indian  attack  during  the  Seven  Years 
War,  which  began  while  he  was  in  office. 

The  English  Church  Established  in  Georgia 

During  Governor  Ellis’  stay  the  province  was 
divided  into  eight  Parishes.  In  each  parish  religious 
services  were  directed  to  be  held  according  to  the 
forms  of  the  Episcopal  Church,  the  official  church 
of  England.  No  other  form  of  worship,  however, 
was  forbidden,  and  there  were  Presbyterians,  Bap- 
tists, Lutherans  and  Jews  in  the  colony.  All  had  to 
pay,  however,  certain  taxes  to  support  the  Episcopal 
Church. 

Governor  James  Wright,  1760-1782 

Governor  Ellis  was  not  a strong  man  physically 
and  found  the  summer  heat  of  Georgia  too  much 
for  him.  In  1759  he  asked  to  be  relieved.  The 
request  was  granted  and  in  1760  James  Wright  came 
in  his  stead.  Governor  Wright  was  the  most  popu- 
lar of  the  three  royal  governors.  His  administra- 
tion lasted  from  1760  until  the  Revolutionary  War. 
Indeed,  his  final  departure  from  Georgia  came  only 
with  the  end  of  the  struggle  in  1782. 

The  St.  Mary’s  River  Becomes  the  Southern  Boundary 
At  the  close  of  the  French  and  Indian  War,  in 
1763,  the  French  surrendered  to  England  all  of 


66 


History  of  Georgia 


Georgia  in  1763. 


History  of  Georgia 


67 


their  territory  east  of  the  Mississippi  River  and 
Spain  gave  up  Florida.  England  then  extended 
the  limits  of  Georgia  to  the  St.  Mary’s  River.  At 
the  same  time  a “Proclamation  Line”  was  estab- 
lished, connecting  the  headwaters  of  all  the  rivers 
that  flow  into  the  Atlantic.  The  colonists  were  re- 
quired to  confine  themselves  to  the  east  of  this  line. 
The  country  beyond  was  reserved,  for  the  Indians. 

Summary 

Disappointed  at  the  failure  of  their  plans  for  the 
colony  and  having  no  money  with  which  to  carry 
on  the  work,  the  Trustees  resigned  their  office  in 
1752,  and  Georgia  became  a Royal  Province.  This 
meant  that  in  future  Georgia  would  be  under  the 
direct  control  of  the  English  government.  The  new 
government  consisted  of  a Governor,  a Council,  and 
a Commons  House  of  Assembly,  the  last  being 
elected  by  the  people.  In  1758  the  Episcopal 
Church  became  the  official  church  of  Georgia,  and 
in  1763  the  St.  Mary’s  River  was  made  the  southern 
boundary. 


CHAPTER  VIII 


PROGRESS  OF  THE  COLONY,  1750-1776 
Revival  of  the  Colony 

The  repeal  of  the  land  laws  and  the  admission  of 
slavery  in  1750  were  the  signal  for  a tide  of  immi- 
gration to  Georgia.  People  had  been  leaving  for  a 
number  of  years,  usually  going  to  South  Carolina, 
where  conditions  were  better.  There  were  in  1753 
a few  more  than  2,000  white  inhabitants  in  the  col- 
ony, and  a considerable  number  of  these  came  after 
1750.  Population  continued  to  increase  rapidly  after 
that  date.  Governor  Stephens  wrote  about  this  time : 
“People  from  all  parts  of  his  majesty’s  dominions 
in  America  as  well  as  from  Germany  and  Great 
Britain  are  almost  daily  coming  thither.”  We  have 
four  estimates  of  population  during  the  period  of 
the  royal  government.  Arranged  in  tabular  form, 
these  figures  show  the  rapid  growth  of  the  colony. 


Whites  Negroes 

1753 2,381  1,066 

1760 6,000  3,578 

1766 9,900  7,800 

1772 18,000  15,000 


The  whites  increased  nearly  700  per  cent,  in  twenty 
years,  while  the  slave  population  grew  much  more 


68 


History  of  Georgia 


69 


rapidly.  The  immigrants  usually  came  as  individu- 
als, but  sometimes  entire  colonies  migrated  to 
Georgia.  The  most  important  case  of  this  sort  was 
the  Dorchester  colony.  The  ancestors  of  these  peo- 
ple were  New  England  Puritans  who  half  a century 
before  had  moved  to  South  Carolina  and  built  a 
town  which  they  named  Dorchester.  Their  lands 
had  finally  become  unproductive,  and  hearing  good 
reports  of  Georgia,  they  applied  for  and  received 
a grant  of  about  32,000  acres  of  land  on  the  Mid- 
way River,  in  what  is  now  Liberty  County.  The 
town  of  Sunbury,  built  by  the  Dorchester  people, 
was  for  a number  of  years  second  only  to  Savannah 
in  commercial  importance.  It  took  several  years 
for  the  Dorchester  community  to  wind  up  their  af- 
fairs and  complete  the  removal  to  Georgia.  After 
all  had  come,  the  new  settlement  contained  about 
three  hundred  and  fifty  whites  and  fifteen  hundred 
slaves.  As  the  newcomers  were  a prosperous,  well- 
to-do  people  of  the  strong  New  England  stock,  they 
were  a welcome  addition  to  Georgia.  Some  of  our 
most  important  citizens  were  members  of  the  Mid- 
way settlement;  among  others,  Lyman  Hall,  one  of 
the  signers  of  the  Declaration  of  Independence. 


Small  Farms  Under  the  Trustees 

It  will  be  recalled  that  under  the  rule  of  the 
Trustees,  immigrants  who  came  at  the  expense  of 
the  Trust  were  given  only  fifty  acres  of  land,  and 
laws  were  passed  to  prevent  the  combining  of  these 


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History  of  Georgia 


small  holdings.  The  idea  was  to  create  a class  of 
small  farmers,  who  should  do  their  own  work, 
slavery  being  forbidden.  The  result  was  that  all 
the  land  development  in  Georgia  before  1750  had 
been  the  work  of  these  white  farmers,  each  culti- 
vating his  own  land.  There  were,  it  is  true,  a few 
men  of  means  in  the  colony  who  had  five  hundred 
acre  tracts  because  they  had  brought  in  indented 
servants,  but  they  were  far  outnumbered  by  the  small 
farmers. 

The  fact  is  that  during  the  first  twenty  years  of 
the  colony,  Georgia  life  resembled  that  of  New  Eng- 
land. The  people  were  not  widely  scattered  over 
a vast  area,  holding  thousands  of  acres  in  large 
plantations,  as  was  the  case  in  the  other  southern 
colonies,  but  lived  in  small  villages,  the  farmers  cul- 
tivating the  lands  lying  about  their  towns. 

Coming  of  Large  Plantations 

When  slavery  was  introduced,  and  a man  might 
have  as  much  land  as  he  could  buy,  there  was  an 
end  to  the  seeming  equality  under  which  the  col- 
onists had  lived.  Men  of  means  began  to  buy  large 
tracts  of  land  and  to  develop  rice  plantations  with 
slave  labor.  With  the  growth  of  large  rice  planta- 
tions, worked  by  overseers  and  negro  slaves,  the 
blacks  began  to  outnumber  the  whites  in  the  rural 
districts,  so  that  by  1772  there  were  fifteen  thousand 
negroes  to  eighteen  thousand  whites,  many  of  these 
white  people,  however,  living  in  the  towns. 


History  of  Georgia 


71 


Interesting  records  have  been  handed  down  of 
the  land  and  slave  possessions  of  some  of  the  great 
rice  planters.  James  Habersham  in  1765  made  seven 
hundred  barrels  of  rice.  In  1772  he  owned  one 
hundred  and  ninety-eight  slaves,  from  whose  labor 
he  realized  about  ten  thousand  dollars  a year.  His 
three  plantations  lay  on  the  Ogeechee  River.  He 
found  it  impossible  on  account  of  health  conditions 
to  live  on  his  plantations,  and,  as  he  had  other  busi- 
ness in  Savannah,  he  hired  an  overseer  to  manage 
the  estate.  Governor  James  Wright  was  another 
large  planter.  In  1771  on  his  eleven  plantations 
five  hundred  and  twenty-three  slaves  were  used,  an 
average  of  twenty  to  the  place.  One  John  Graham 
owned  26,578  acres  in  1771  and  228  slaves. 

Georgia  Society 

As  long  as  the  farmers  were  limited  to  fifty-acre 
plots  of  land,  there  was  little  room  for 'social  classes 
to  grow;  but  when  the  land  law  was  changed  so  that 
a man  might  have  as  much  land  as  he  could  buy,  it 
was  natural  that  the  more  industrious  people  should 
outstrip  the  idle  and  thriftless.  A slave  in  1772  cost 
two  hundred  and  fifty  dollars.  It  was  very  expensive 
to  buy  a force  of  laborers  and  to  clear  and  improve 
the  land  for  rice  culture.  This  expense  the  majority 
of  Georgians  could  not  meet,  and  hence  they  re- 
mained in  the  small  farmer  class.  Many  of  them 
moved  to  the  backwoods  region  of  the  coast  and 
engaged  in  grazing,  poultry  raising  and  farming  on 


72 


History  of  Georgia 


a small  scale.  Among  the  planters,  education  and 
culture  increased  with  wealth  and  leisure.  Sons 
were  often  sent  to  Harvard  or  Princeton  or  to 
Europe  for  their  training,  while  governesses  were 
employed  for  the  girls.  Savannah  became  quite  a 
fashionable  and  wealthy  town,  as  it  was  the  custom 
of  the  planters  to  live  there  most  of  the  year. 

Control  of  Slaves 

South  Carolina  had  had  a great  deal  of  trouble 
with  slave  insurrections ; so  when  slavery  was  allowed 
in  Georgia,  the  Assembly  drew  up  laws  for  the  con- 
trol of  the  negroes.  The  severity  of  the  laws,  which 
were  copied  from  those  of  South  Carolina,  shows 
how  dangerous  slavery  was  considered  to  the  peace 
of  the  colony.  Slaves  were  not  allowed  to  leave  the 
plantation  without  a written  permit,  and  if  caught 
without  such  a permit  they  could  be  whipped;  the 
wilful  burning  or  destroying  of  a stack  of  rice,  corn, 
or  other  grain,  or  setting  fire  to  a tar-kiln,  or  a barrel 
of  pitch,  tar,  turpentine  or  resin,  was  punishable  by 
death.  Death  was  likewise  the  penalty  for  killing 
a white  person,  attempting  to  raise  an  insurrection 
or  trying  to  persuade  a fellow  slave  to  run  away. 
Slaves  were  prohibited  from  carrying  weapons  un- 
less with  the  written  consent  of  the  owner  of  the 
slave;  and  under  no  circumstances  could  they  have 
weapons  between  Saturdav  evening  and  Monday 
morning.  Anyone  selling  beer  or  whisky  to  a slave 
was  liable  to  a fine. 


History  of  Georgia 


73 


There  were  provisions  in  the  law  for  the  protection 
of  the  slave.  It  was  made  illegal  to  work  slaves 
on  Sunday,  works  of  absolute  necessity  and  domestic 
service  being  excepted.  Slaves  might  not  be  worked 
longer  than  sixteen  hours  a day,  and  a system  of 
fines  was  provided  for  failure  to  furnish  sufficient 
food  and  clothing. 

It  was  illegal  to  teach  slaves  to  write,  but  this 
law  seems  not  to  have  been  observed.  Every  owner 
of  twenty  slaves  was  required  to  have  one  white  serv- 
ant capable  of  bearing  arms.  Owners  of  fifty  were 
to  have  two  white  servants,  and  an  additional  white 
servant  for  every  additional  twenty-five  slaves. 

The  planters  were  very  considerate  of  their  slaves. 
James  Habersham,  for  instance,  provided  a school 
for  his  servants  on  one  of  his  plantations,  and  an- 
other planter,  named  Knox,  had  two  missionaries 
sent  from  England  to  convert  his  slaves. 

Agriculture  and  other  Industries 

Rice  was  the  leading  agricultural  product  of  the 
province.  The  river  banks  and  marshes  were  devoted 
to  this  crop.  Other  products  of  which  there  was  a 
surplus  for  export  were  corn,  lumber,  shingles, 
naval  stores,  cattle  and  horses.  Industry  was  more 
diversified  before  the  Revolution  than  after  the  rise 
of  the  cotton  industry.  It  is  true  that  the  exports 
were  small,  but  when  it  is  remembered  that  only  a 
few  years  before  scores  of  shiploads  of  food  were 
brought  to  Georgia  yearly,  it  is  an  evidence  of  great 


74 


History  of  Georgia 


progress  that  the  people  were  feeding  themselves  and 
had  something  left  for  sale. 

Silk  and  Wine 

The  Trustees  had  expected  silk  and  wine  to  be 
the  chief  products  of  Georgia.  But  it  was  found 
that  these  industries  did  not  succeed.  Governor 
Wright  in  a report  of  1768  gave  several  reasons  why 
the  silk  industry  was  unprofitable.  It  seems  that 
the  silk-worms  did  not  thrive  in  the  Georgia  climate, 
and  that  the  population  was  too  sparse  and  labor  too 
dear.  In  fact,  the  only  thing  that  kept  up  the  indus- 
try was  the  bounty  allowed  by  the  English  govern- 
ment. Great  Britain  was  anxious  to  become  inde- 
pendent of  the  southern  European  countries  in  the 
matter  of  silk,  and  did  everything  possible  to  en- 
courage its  production  in  Georgia.  The  government 
bought  all  the  raw  silk,  bore  the  expense  of  pre- 
paring it  for  the  market  and  of  shipping  it  to  Eng- 
land, besides  paying  a price  of  one  shilling  six  pence 
per  pound,  although  the  market  price  was  never  more 
than  a shilling,  and  was  often  as  low  as  sixpence. 
Finally,  in  1769,  there  was  a reduction  in  the  govern- 
ment price,  and  this,  with  heavy  frosts  in  that  year, 
practically  killed  the  business. 

The  experience  of  the  colonists  in  grape  culture 
was  quite  as  unhappy.  Wine  and  silk  production  are 
better  suited  to  long  settled  countries,  where  the  soil 
is  highly  improved  and  labor  skilled  and  cheap.  In 
abandoning  them  for  the  heavier  crops,  such  as  rice 


History  of  Georgia 


75 

and  corn,  Georgians  were  simply  adapting  their  agri- 
culture to  the  conditions  in  their  country. 

Commerce 

When  the  farmers  began  to  produce  more  than 
they  could  use  at  home,  they  shipped  away  the  sur- 
plus to  be  exchanged  for  things  they  did  not  make 
in  the  colony.  In  the  eighteen  years  of  the  Trust 
only  one  shipload  of  Georgia  products  left  the  col- 
ony; in  1761,  45  vessels  sailed  with  goods  from 
Georgia.  In  1772  the  number  had  increased  to  161 
from  Savannah  and  56  from  Sunbury.  The  average 
value  of  the  exports  for  the  five  years  preceding  1773 
was  $500,000.  To  England  were  sent  deer  skins, 
rice,  indigo,  and  naval  stores;  to- the  West  Indies, 
rice,  corn,  peas,  lumber,  shingles,  cattle,  horses,  and 
barreled  beef  and  pork.  The  exports  to  Great  Britain 
were  about  three-fifths  of  the  whole  in  value.  From 
England  the  colonists  received  shoes,  hats  and  other 
wearing  apparel,  ironware,  tea,  and  paper.  From 
the  West  Indies  they  got  rum  and  sugar.  Flour, 
crackers  and  other  foodstuffs  came  from  the  Amer- 
ican colonies  farther  north. 

Summary 

After  the  repeal  of  the  land  laws  and  the  admis- 
sion of- slavery,  life  in  Georgia  was  greatly  changed. 
Instead  of  a very  small  population  of  white  farmers 
working  little  farms  with  their  own  hands,  there 
quickly  grew  up  great  plantations  where  negro 
slaves  were  used  to  do  the  work.  The  population 


76 


History  of  Georgia 


increased  very  rapidly,  and  every  year  the  propor- 
tion of  negroes  to  whites  became  greater.  The  most 
fertile  parts  of  the  coast,  the  river  banks  and  the 
marshes,  were  soon  transformed  from  wildernesses 
to  rice  plantations.  The  owners  of  these  plantations 
did  not  live  on  them,  but  stayed  most  of  the  time 
in  Savannah,  Sunbury,  and  other  towns.  Harsh  slave 
laws  were  drawn  up,  but  in  practice  much  considera- 
tion was  shown  to  the  slaves.  Within  twenty  years 
after  the  change  from  free  to  slave  labor,  Georgia 
was  exporting  a half  million  dollars’  worth  of  agri- 
cultural products,  and  was  well  on  the  way  to  be- 
come a great  and  thriving  province,  when  her  de- 
velopment was  interrupted  by  the  Revolutionary 
War. 


QUESTIONS  FOR  LOCAL  STUDY 

1.  Were  any  rice  plantations  located  in  your  county? 

Who  owned  them?  Are  any  of  them  still  be- 
ing operated? 

2.  Describe  the  present  appearance  of  any  planta- 

tion buildings  still  standing. 

3.  Can  you  learn  from  your  elders  or  from  any 

source  any  details  as  to  the  method  of  rice 
growing  and  harvesting? 


CHAPTER  IX 


BEGINNING  OF  THE  REVOLUTION,  1774-1778 
Nature  of  the  Struggle 

The  American  Revolution  was  a struggle  on  the 
part  of  the  colonists  to  get  the  control  of  their  own 
political  affairs,  such  as  the  right  to  vote  taxes,  and 
to  obtain  freedom  from  England’s  interference  with 
their  trade. 

Colonial  Trade 

The  colonies  in  the  eighteenth  century  were  re- 
garded by  Great  Britain  simply  as  markets  for  man- 
ufactured articles  and  sources  of  raw  materials. 
Commerce  was  hindered  by  a number  of  laws  that 
were  intended  to  give  to  English  merchants  all  the 
benefit  of  trade  with  the  colonies,  Parliament  re- 
quiring that  certain  products  of  America  should  be 
sold  only  to  England  or  to  some  British  colony.  The 
list  of  such  products  included  tobacco,  cotton,  silk, 
coffee,  indigo,  naval  stores,  skins,  sugar  and  rice, 
though  it  was  sometimes  permitted  to  send  the  last 
three  to  foreign  countries.  For  instance,  in  1735, 
Georgia  was  given  permission  to  export  rice  directly 
to  any  port  south  of  Cape  Finisterre  in  France.  On 
the  other  hand,  the  colonists  were  not  allowed  to 
import  manufactured  articles  from  any  country  but 


77 


78 


History  of  Georgia 


England  without  the  payment  of  heavy  duties,  nor 
to  make  any  articles  themselves  that  conflicted  with 
English  manufacturers. 

Smuggling 

In  spite  of  these  laws,  the  colonies  traded  for  many 
years  with  the  French  and  Spanish  West  Indies. 
This  illegal  traffic,  known  as  smuggling,  was  very 
profitable,  and  the  government  paid  so  little  atten- 
tion to  the  breaking  of  the  laws  that  the  American 
merchants  regarded  them  as  practically  repealed. 
The  reason  why  the  smuggling  was  winked  at  by  the 
English  ministers  was  that  Great  Britain  was  for 
many  years  engaged  in  foreign  wars  and  did  not  want 
to  irritate  the  colonists  by  enforcing  the  laws.  But 
in  1764,  at  the  close  of  the  French  and  Indian  War, 
measures  were  taken  to. break  up  the  trade  between 
the  colonies  and  the  possessions  of  France  and  Spain 
in  the  New  World.  This  sudden  enforcement  of 
laws  which  had  been  almost  forgotten  threatened  to 
ruin  the  merchants  of  the  colonies,  and  was  one  of 
the  powerful  influences  that  brought  on  revolution. 

Question  of  Taxation 

On  the  political  side,  the  Revolution  was  due  to 
the  determination  of  the  colonists  to  control  their 
own  government.  The  colonists  claimed  that  in  com- 
ing to  America  they  had  not  given  up  but  had  brought 
with  them  the  liberties  of  Englishmen,  such  as  the 
right  to  make  their  own  laws,  the  right  to  trial  by 
jury,  and  the  right  to  vote  their  own  taxes.  They 


History  of  Georgia 


79 


were  especially  sensitive  about  taxation  because  they 
knew  that  for  centuries  Englishmen  had  struggled 
with  their  kings  over  this  very  question.  They  knew 
that  there  could  be  no  real  self-government  without 
control  of  the  purse  strings. 

The  Stamp  Act,  1765 

The  question  of  taxation  in  England  became  very 
serious  at  the  close  of  the  French  and  Indian  War. 
France  had  been  defeated  and  had  surrendered  to 
England  all  her  territory  east'  of  the  Mississippi. 
But  the  English  government  believed  that  France 
would  make  an  effort  to  reconquer  the  lost  lands, 
and  to  prevent  this  British  statesmen  determined  to 
establish  a small  standing  army  in  the  colonies.  Sev- 
eral of  the  colonies  had  not  responded  freely  to 
appeals  for  aid  during  the  last  war,  and  it  was  feared 
that  they  would  not  help  any  more  in  the  future. 
Now  the  national  debt  of  Great  Britain  had  been 
enormously  increased  by  the  wars  through  which  she 
had  gone,  and  as  the  standing  army  was  intended  to 
protect  the  colonists,  it  was  thought  fair  to  require 
them  to  pay  part  of  the  expense.  Hence,  in  1765, 
Parliament  passed  what  was  known  as  the  Stamp 
Act. 

It  required  the  colonists  to  buy  stamps,  similar  to 
postage  stamps,  and  affix  them  to  newspapers  and 
any  legal  documents  that  they  might  have  occasion 
to  draw  up.  It  was  estimated  that  these  stamps 
would  bring  in  only  enough  money  to  pay  about  half 


80 


History  of  Georgia 


of  the  expense  of  the  standing  army,  the  rest  to  be 
paid  by  the  English  government. 

Resistance  of  the  Colonists 

The  colonists  objected  to  this  tax  and  refused  to 
pay  it  on  the  ground  that  Parliament  had  no  right 
to  levy  a tax  of  the  sort,  as  the  colonists  were  not 
directly  represented  in  Parliament.  When  a vessel, 
the  Speedwell,  arrived  at  Savannah,  in  December, 
1765,  bringing  a stamp  agent  and  a quantity  of 
stamps,  about  six  hundred  Georgians  gathered  and 
told  the  governor  that  unless  the  stamps  were  re- 
moved from  Savannah  they  would  attack  his  house 
and  destroy  them.  Governor  Wright  wisely  had  the 
stamps  replaced  on  the  Speedwell.  Similar  out- 
breaks occurred  in  the  other  colonies.  Parliament, 
therefore,  repealed  the  Stamp  Act,  but  the  seed  of 
trouble  had  been  sown.  Quarrels  and  misunder- 
standings followed  for  ten  years,  until  finallv  the 
colonies  decided  to  fight  for  separation  from  Eng- 
land. In  1774  delegates  from  twelve  of  the  colonies 
met  in  Philadelphia  to  make  plans  for  united  action. 
This  body  was  known  as  the  First  Continental  Con- 
gress. 

Division  of  Sentiment  in  Georgia 

Georgia  was  not  represented  in  the  First  Con- 
tinental Congress.  The  majority  of  Georgians  had 
not  decided  at  that  time  what  course  ought  to  be 
taken.  There  was  a very  great  difference  of  opinion 


History  of  Georgia 


81 


as  to  the  necessity  of  revolution,  and  it  has  been 
estimated  that  nearly  half  of  the  Georgia  people 
remained  faithful  to  the  king.  It  is  important  to 
understand  the  causes  of  this  division  in  sentiment. 


The  Weakness  of  the  Colony 

Georgia  was  by  far  the  youngest  of  the  thirteen 
colonies,  having  been  settled  more  than  a hundred 
years  after  Virginia  and  Massachusetts.  As  yet  in 
her  infancy,  the  province  was  scarcely  strong  enough 
in  the  opinion  of  many,  for  independence.  The  first 
twenty  years  were  on  the  whole  unsuccessful,  and 
while  there  had  been  great  progress  since  the  resig- 
nation of  the  Trustees,  Georgia  still  had  a small 
population  in  comparison  with  the  other  colonies. 
Georgia  contained  33,000  inhabitants  in  1773;  Vir- 
ginia, 400,000;  North  Carolina,  230,000;  and  South 
Carolina,  140,000.  The  fighting  strength  of  the  col- 
ony was  very  slight — according  to  the  governor,  there 
were  only  2,828  able-bodied  soldiers.  In  addition  to 
the  danger  of  slave  insurrection,  Georgia  was  in 
greater  danger  of  Indian  attack  than  any  other  col- 
ony, by  reason  of  her  position  on  the  southern 
frontier.  The  surrounding  tribes  had  10,000  gun- 
men in  1773,  and  English  agents  had  gained  their 
support  in  the  usual  way  through  presents. 

These  were  very  real  dangers  to  the  safety  of 
Georgians;  and,  in  addition,  there  was  at  St.  Aug- 
ustine a strong  British  force,  against  which  Georgia 
could  make  little  resistance.  Our  State  received  a 


82 


History  of  Georgia 


good  deal  of  abuse  during  the  early  days  of  the  war 
on  account  of  her  backwardness  in  embracing  the 
revolutionary  cause.  Captain  Hugh  McCall,  the 
first  Georgia  historian  of  the  war,  says:  “The 

charge  of  inactivity  vanishes  when  the  sword  and 
hatchet  are  held  over  the  heads  of  the  actors  to  com- 
pel them  to  lie  still.” 

The  Older  Colonists  Royalist  in  Sentiment 

There  were  other  reasons  besides  these  for  Geor- 
gia’s hesitation.  The  men  of  weight  in  politics,  so- 
ciety, and  business  were,  as  a rule,  the  older  colonists, 
some  of  whom  had  been  friends  of  Oglethorpe,  and 
had  passed  through  all  the  earlier  struggles  of  the 
colony.  They  remembered  with  lively  feelings  of 
gratitude  the  assistance  Parliament  had  given  them 
in  the  dark  days  of  the  rule  of  the  Trustees.  Not 
less  than  half  a million  dollars  had  been  appropri- 
ated for  the  colony  by  Parliament,  aside  from  large 
private  donations.  No  other  colony  had  been  assisted 
in  the  same  way.  While  not  always  approving  Par- 
liamentary acts  about  trade,  the  older  colonists  felt 
that  it  would  be  base  ingratude  to  revolt  against 
King  George.  Such  important  men  as  James  Haber- 
sham, Noble  Jones,  and  others  had  been  so  closely 
associated  with  the  government  that  rebellion  was 
with  them  out  of  the  question. 

Attitude  of  the  Younger  Men 

The  vounger  colonists  had,  however,  no  personal 
recollections  of  these  matters.  They  were  drawn 


History  of  Georgia 


83 


into  the  struggle,  fired  by  the  example  of  the  other 
colonies,  and  dreaming  of  making  an  independent 
nation  in  the  New  World.  This  unfortunate  dif- 
ference of  opinion  sometimes  separated  families. 
James  Habersham’s  three  sons,  James,  Joseph,  and 
John,  were  all  on  the  American  side,  as  was  Noble 
Wymberley  Jones,  son  of  Noble  Jones. 

Summary 

The  main  causes  of  the  Revolution  were  English 
interference  with  colonial  trade  and  the  desire  of 
the  colonists  to  control  their  local  affairs.  They 
particularly  resented  being  taxed  by  the  English 
Parliament,  in  which  they  were  not  directly  repre- 
sented; and  when  England  imposed  the  Stamp  Act 
and  other  similar  measures,  the  colonists  revolted. 
Georgia  hesitated  for  a time  about  joining  the  other 
colonies  in  the  revolutionary  movement.  This  was 
due  to  the  fact  that  Georgia  was  not  a commercial 
colony  and  did  not  feel  the  effects  of  English  control 
over  trade;  and  to  the  fact  that  Georgia  was  a very 
weak  colony,  being  the  youngest  of  the  thirteen  and 
having  a small  population.  The  English  and  hos- 
tile Indians  near  Georgia  were  much  stronger  than 
was  the  colony.  Most  of  the  older  citizens,  further- 
more, were  grateful  to  England  for  the  help  they 
had  received  in  planting  the  colony  and  were  not 
disposed  to  make  trouble.  The  younger  colonists 
led  in  the  revolutionary  movement. 


CHAPTER  X 


' THE  REVOLUTION,  1774-1778 

First  Revolutionary  Meeting  in  Georgia 

The  royalist  element  in  Georgia  was  led  by  Gov- 
ernor Wright.  He  was  a just  and  popular  man  and. 
his  influence  kept  many  from  joining  the  revolu- 
tionary movement.  In  spite  of  his  efforts,  however, 
a committee  of  patriots,  Noble  Wymberley  Jones,1 
Archibald  Bulloch,  John  Houston,  and  John  Walton, 
published  a call  for  a meeting  to  be  held  on  July 
27th,  1774,  to  discuss  the  situation.  Messages  were 
read  from  revolutionary  committees  in  the  other 
colonies.  As  some  of  the  parishes  were  not  repre- 
sented, it  was  decided  to  adjourn  until  August  10th. 
Governor  Wright  issued  a proclamation  against  the 
meeting,  but  it  was  held  and  resolutions  were  adopted 


1 Noble  Wymberly  Jones,  son  of  Oglethorpe’s  friend,  Noble 
Jones,  was  born  in  England,  in  1723.  He  was,  therefore,  a 
middle  aged  man  when  the  Revolution  began.  He  was  a physician. 
He  worked  hard  for  the  American  cause,  serving  all  the  com- 
mittees and  being  active  in  the  several  provincial  congresses.  After 
the  fall  of  Savannah,  in  1778,  Dr.  Jones  went  to  Charleston,  where 
he  was  captured  by  the  British  and  sent  to  St.  Augustine.  After 
the  war,  he  returned  to  Savannah  and  began  again  the  practice  of 
medicine.  At  seventy-one  he  presided  over  the  Constitutional 
Convention  of  1795.  He  died  ten  years  later. 


84 


History  of  Georgia 


85 


Noble  Wymberley  Jones. 
From  an  engraving  lent  by  Mr.  IV.  J.  DeRenne. 


condemning  the  acts  of  Parliament  passed  to  punish 
Massachusetts  for  her  part  in  stirring  up  trouble. 
A committee  of  royalists,  of  which  James  Haber- 
sham, Sr.,  and  Noble  Jones  were  members,  published 


86 


History  of  Georgia 


in  the  Savannah  Gazette  a criticism  of  the  revolu- 
tionary meeting,  and  called  for  a meeting  of  those 
who  were  friendly  to  the  King.  About  a third  of 
the  inhabitants  in  and  near  Savannah  attended  this 
meeting,  where  resolutions  were  passed  against  re- 
bellion. 

First  Provincial  Congress,  January,  1775 

The  patriots  who  met  on  August  10th  had  not 
thought  it  wise  to  send  a delegate  to  the  First  Con- 
tinental Congress,  since,  on  account  of  the  lack  of 
harmony,  no  one  could  truly  claim  to  represent  the 
will  of  the  colony.  In  January,  1775,  a Provincial 
Congress  met  at  Savannah,  but  only  five  of  the  twelve 
parishes  sent  representatives.  This  shows  how 
strong  the  royalist  feeling  was  at  that  time.  Nothing 
was  accomplished  except  the  appointment  of  dele- 
gates to  the  Continental  Congress.  The  delegates, 
however,  refused  to  go,  writing  instead  a letter  to 
the  President  of  the  Congress,  beginning:  “The 

unworthy  part  which  the  Province  of  Georgia  has 
acted  in  the  great  and  general  contest  leaves  room 
to  expect  little  less  than  the  censure  or  even  indigna- 
tion of  every  virtuous  man  in  America.”  These  dele- 
gates were  Noble  Wymberley  Jones,  Archibald  Bul- 
loch1 and  John  Houston. 


1 Archibald  Bulloch  was  born  in  South  Carolina,  in  1730. 
Moving  to  Georgia  with  his  father  in  1750,  he  soon  entered  the 
practice  of  law.  He  joined  the  revolutionary  movement  and  in 
1776  was  president  of  the  second  Provincial  Congress,  and  was 


History  of  Georgia 


87 


Battle  of  Lexington 

Many  hesitating  Georgians  were  won  over  to 
the  side  of  the  revolutionists  by  the  Battle  of  Lexing- 
ton. As  long  as  there  was  a chance  for  peace,  they 
were  opposed  to  encouraging  rebellion,  but  when 
a choice  had  to  be  made,  they  were  not  willing  to 
fight  against  their  fellow  Americans.  When  the 
news  reached  Georgia  that  fighting  had  actually  be- 
gun, a number  of  men  broke  into  the  powder  maga- 
zine in  Savannah  and  took  from  it  six  hundred  bar- 
rels of  powder.  The  leaders  in  this  affair  were 
Noble  W.  Jones,  Joseph  Habersham,  Edward  Tel- 
fair and  John  Milledge,  all  of  whom  became  prom- 
inent men,  Telfair  and  Milledge  serving  as  gov- 
ernors of  the  State  and  Habersham  as  Speaker  in 
the  House  of  Representatives. 

Second  Provincial  Congress 

In  July,  1775,  a second  Provincial  Congress  was 
called.  This  time  every  parish  was  represented. 
This  Congress  restored  Georgia  to  the  good  favor 
of  the  other  colonies,  and  elected  as  delegates  to 
the  Continental  Congress  John  Houston,* 1  Archibald 

by  that  body  made  President  and  Commander-in-Chief  of  Georgia. 
H e was  thus  the  first  republican  head  of  our  State.  He  would 
have  signed  the  Declaration  of  Independence,  but  was  kept  at 
home  by  his  duties  as  President.  He  died  in  1777,  shortly  after 
the  fighting  began.  He  gave  promise  of  a career  of  great  use- 
fulness and  distinction. 

1 John  Houston  was  born  in  what  is  now  Burke  County,  in 
1744.  From  the  first  he  took  an  active  part  in  stirring  up  re- 


88 


History  of  Georgia 


Bulloch,  the  Reverend  Mr.  Zubly,  Noble  W.  Jones, 
and  Lyman  Hall. 


Fall  of  the  Royalist  Government 

Feeling  that  at  last  a majority  of  the  people  were 
with  them,  the  leaders  proceeded  to  take  from  the 
royalists  the  control  of  affairs.  In  August,  1775, 
the  royalist  officers  of  militia  were  dismissed,  the 
port  of  Savannah  was  closed  to  British  ships,  and  in 
December  all  the  courts  were  taken  over  by  a Coun- 
cil of  Safety.  This  Council  was  a body  of  fifteen 
leading  republicans,  created  by  a public  meeting 
held  at  Savannah  in  June,  1775.  To  complete  the 
destruction  of  the  royalist  government,  in  January, 
1776,  Governor  Wright  was  arrested  by  Major 
Joseph  Habersham.  He  was  confined  to  his  house 
under  guard,  but  in  a few  weeks  escaped  to  one  of 
the  king’s  vessels  in  the  harbor. 

Declaration  of  Independence 

The  Provincial  Congress  met  again  in  January, 
1776,  and  chose  Lyman  Hall,* 1  Archibald  Bulloch, 
John  Houston,  Button  Gwinnett  and  George  Walton 

sistance  to  England.  In  1778  he  was  elected  Governor  of  Georgia. 
In  1784,  he  was  again  made  Governor,  and  it  was  during  his 
second  term  that  the  Charter  of  the  University  of  Georgia  was 
granted.  He  died  in  1796. 

1 Lyman  Hall  was  born  at  Wallingford,  Connecticut,  in  1724. 
Being  graduated  from  Yale  in  1747,  he  migrated  to  Dorchester, 
S.  C.,  and  when  they  moved  to  Georgia,  came  and  settled  in  St. 
John’s  parish.  This  parish  was  strongly  in  favor  of  the  Revolu- 


History  of  Georgia 


89 


as  delegates  to  the  Continental  Congress.  Bulloch 
and  Houston  were  unable  to  attend  the  Congress,  but 
the  other  three  went  to  Philadelphia  and  signed  the 
Declaration  of  Independence  on  July  4th,  1776. 


Lyman  Hall. 

From  an  engraving  lent  by  Mr.  IV.  J.  DeRenne. 


tion,  a fact  which  its  name  of  Liberty  County  now  commemorates. 
When  Georgia  declined  in  January,  1775,  to  send  delegates  to 
the  Continental  Congress,  Lyman  Hall  went  as  an  independent 
delegate  from  his  parish.  He  became  Governor  of  Georgia  in 
1783,  and  died  in  1790. 


90 


History  of  Georgia 


Summary 

After  the  Battle  of  Lexington  the  hesitation  of 
the  majority  of  Georgians  about  entering  the  revolu- 
tionary movement  ended.  The  patriots  organized, 
held  meetings  and  Provincial  Congresses,  and  in  the 
summer  of  1775  overthrew  the  royalist  government 
at  Savannah,  by  arresting  the  governor  and  expelling 
the  royalist  officers  from  the  militia.  They  then 
sent  delegates  to  the  Continental  Congress,  at  Phila- 
delphia, and  the  Georgia  delegates  there  signed 
the  Declaration  of  Independence. 


QUESTIONS  FOR  LOCAL  STUDY 

1.  What  Revolutionary  heroes  came  from  your 
county?  Write  an  account  of  their  lives. 


CHAPTER  XT 


THE  REVOLUTION,  1778-1783 

Campaigns  in  South  Georgia 

In  the  early  days  of  the  war,  the  military  activity 
of  Georgia  was  directed  against  Florida.  It  will 
be  remembered  that  Florida  had  been  ceded  to  Great 
Britain  in  1763.  St.  Augustine  had  been  strongly 
fortified  and  again  threatened  the  safety  of  Georgia, 
just  as  it  had  during  the  Spanish  War.  The  southern 
border  of  the  colony  was  constantly  raided  by  bands 
of  British,  Indians  and  royalists.  Three  separate 
expeditions  were  organized  against  St.  Augustine, 
but  as  was  the  case  when  Oglethorpe  tried  to  take 
the  city,  all  the  attempts  ended  in  failure.  Disputes 
among  the  commanders,  sickness,  and  lack  of  prepa- 
ration prevented  any  of  these  invasions  from  get- 
ting even  as  near  St.  Augustine  as  the  point  Ogle- 
thorpe had  reached. 

Fall  of  Savannah 

In  1778  the  British  decided  to  carry  the  war  tc 
the  south  and  make  an  effort  to  conquer  Georgia  and 
the  Carolinas.  As  the  first  step  in  carrying  out  this 
plan,  Colonel  Archibald  Campbell  sailed  from  New 
York  with  a heavy  force  to  attack  Savannah.  Gen- 


91 


92 


History  of  Georgia 


eral  Augustine  Prevost,  Commander  of  the  British 
army  in  Florida,  sent  two  forces  to  assist  Campbell, 
one  under  Lieutenant-Colonel  Mark.  Prevost,  by 
land,  the  other  under  Colonel  Fuser  by  water.  The 
two  were  ordered  to  join  their  forces  at  Sunbury. 
Lieutenant-Colonel  Prevost  entered  Georgia  on 
November  19th,  1778,  taking  captive  all  men  found 
on  plantations  and  plundering  the  people  of  every 
article  of  value.  Fie  was  met  near  Midway  Meet- 
ing-House in  Liberty  County  by  a small  force  of 
Georgians  under  Colonel  White,  General  Screven, 
and  Major  James  Jackson.  In  the  fight  that  fol- 
lowed, General  Screven  was  killed  and  the  Geor- 
gians were  forced  to  retreat.  Prevost  kept  on  to 
Ogeechee  Ferry,  where  he  found  such  preparations 
for  defense  that  he  decided  to  return  to  Florida. 
Colonel  Fuser,  coming  by  water,  did  not  arrive  on 
time,  and  Prevost  did  not  feel  strong  enough  to 
proceed  without  him.  Having  laid  waste  the  region 
about  Midway,  Prevost  turned  his  face  southward. 
Late  in  November  Fuser  reached  Sunbury,  but  not 
finding  Prevost,  and  being  unwilling  to  attack  the 
place  without  assistance,  he,  too,  returned  to  the  St. 
John’s  River.  The  failure  of  these  expeditions  gave 
Georgia  a short  breathing  spell.  But  on  December 
6th,  news  reached  Savannah  that  Campbell’s  fleet 
was  on  the  way  from  New  York,  and  that  General 
Prevost  was  marching  from  Florida.  Campbell 
reached  the  Savannah  River  on  December  27,  with 
2,000  regulars.  Major-General  Howe,  commander 


History  of  Georgia 


93 


of  the  American  forces  in  the  South,  was  encamped 
near  Savannah,  awaiting  reinforcements.  His  entire 
force  numbered  only  672  raw  militiamen.  1 He  held 
a council  of  war  and  asked  his  officers  whether  it 
would  be  better  to  abandon  Savannah  or  to  resist 
the  attack.  He  was  advised  to  stand  by  the  city  to 
the  last.  General  Howe  was  not  a capable  com- 
mander. He  did  not  choose  a good  position,  and 
left  several  important  points  undefended.  There 
was  a private  path  by  which  the  right  wing  of  his 
army  could  be  turned,  and  he  failed  to  guard  this, 
though  he  had  been  informed  of  it  by  Colonel 
George  Walton.  This  private  way  was  pointed  out 
to  Campbell,  who  at  once  saw  its  importance.  He 
sent  a force  of  infantry  along  the  path  and  was  able 
on  December  29  to  attack  Howe  from  the  rear  as 
well  as  the  front.  Completely  defeated,  the  small 
American  army  retreated  up  the  Savannah  and 
crossed  into  South  Carolina.  The  American  loss 
was  eightv-three  killed  and  drowned;  while  thirty- 
eight  officers  and  more  than  four  hundred  men  were 
captured.  The  British  lost  only  three  men  killed 
and  ten  wounded.  For  his  mismanagement  of  this 
battle,  General  Howe  was  court-martialed,  and, 
though  he  was  acquitted,  his  good  name  as  a soldier 
was  lost  forever.  Entering  the  town  of  Savannah, 
the  British  fearfully  abused  all  patriots,  robbing,  in- 
sulting and  imprisoning  those  who  would  not  join 
the  British  side. 


94 


History  of  Georgia 


British  Conquest  of  North  Georgia 

Leaving  a small  garrison  in  Savannah,  Campbell 
marched  up  the  Savannah  River  and  took  Ebenezer 
on  January  2,  1779.  Many  Georgians,  oppressed  in 
every  way,  forsook  the  American  cause  rather  than 
lose  their  property,  if  not  their  lives.  About  this 
time,  General  Prevost  arrived  at  Sunbury  from  St. 
Augustine,  bringing  2,000  men.  The  town  was  taken 
on  January  10th.  Prevost  then  took  command  of 
all  British  forces  in  Georgia. 

Augusta  was  now  the  only  town  remaining  in  the 
possession  of  the  Americans.  About  the  middle  of 
January,  Colonel  Campbell  sent  a thousand  men  to 
take  it.  Some  resistance  was  offered  by  small  forces 
under  Colonels  John  Twiggs,  Benjamin  and  William 
Few,  and  General  Elbert;  but  when  the  British 
reached  Augusta,  the  American  commander,  Briga- 
dier-General Williamson,  surrendered  without  wait- 
ing for  an  attack. 

Guerilla  Warfare 

Georgia  was  now  completely  in  the  hands  of  the 
enemy.  After  the  fall  of  Augusta,  the  people  of 
North  Georgia  fled  towards  South  Carolina,  taking 
with  them  such  property  as  they  could  carry.  For 
some  time  a sort  of  guerilla  warfare  was  kept  up 
between  more  or  less  independent  bands  of  patriots 
and  the  “Tories,”  as  the  Americans  who  fought  in 
the  British  army  were  called.  On  the  American  side 


History  of  Georgia 


95 


were  to  be  found  Colonels  Pickens,  John  Doolv, 
Elijah  Clarke,  John  Twiggs,  Captain  McCall,  and 
others.  The  Battle  of  Kettle  Creek  in  February  was 
the  most  important  engagement,  and  was  a decided 
victory  for  the  Americans.  In  this  battle  the  British 
force  was  600  men,  the  American  400. 

This  success  encouraged  many  Georgians  to  re- 
turn to  the  state;  troops  began  to  gather,  the  Tories 
in  upper  Georgia  were  routed,  and  Campbell  de- 
cided to  abandon  Augusta. 

Battle  of  Briar  Creek 

In  March,  1779,  General  Benjamin  Lincoln,  who 
had  succeeded  Howe  as  Commander  of  the  Southern 
Department,  determined  to  move  to  the  assistance 
of  Georgia.  About  8,000  men  were  under  his  com- 
mand. The  patriot  General  Ash,  with  about  2,300 
men,  was  encamped  where  Brier  Creek  meets  the 
Savannah  River.  At  this  point  General  Lincoln 
arranged  to  bring  together  all  the  troops  that  he 
could,  and  begin  his  operations  for  Georgia’s  relief. 
But  General  Ash  had  unwiselv  located  his  camp,  had 
failed  to  watch  the  enemy,  and  had  weakened  his 
forces  by  sending  out  too  manv  detachments.  Be- 
fore. Lincoln  reached  him,  he  was  attacked  and 
completely  defeated  by  Colonel  Prevost.  This  was 
a particularly  unfortunate  affair,  as  many  Americans 
who  had  begun  to  pluck  up  their  spirits  despaired 
again  of  final  success,  and  the  attempt  to  recover 
Georgia  had  to  be  abandoned.  Many  Georgians 
and  Carolinians  joined  the  British  side. 


96 


History  of  Georgia 


French  and  Americans  Attack  Savannah 

The  French  king,  who  had  suffered  so  much  at 
the  hands  of  England,  helped  the  Americans  in 
their  fight  for  independence.  A fleet  was  sent  over 
under  the  command  of  Count  d’Estaing.  In  1779, 
General  Lincoln  and  d’Estaing  made  a joint  attack 
on  Savannah.  Lincoln  marched  from  South  Caro- 
lina with  2,100  men.  His  advance  guard  was  led 
by  General  Lachlan  McIntosh,  a Georgian,  and 
Count  Pulaski,  a Polish  nobleman.  The  force  of 
Count  d’Estaing  numbered  4,500  men.  Savannah 
was  defended  bv  2,500  British  and  Tories.  The 
forces  of  Lincoln  and  d’Estaing  were  joined  on 
September  16,  1779.  On  the  day  before,  the  French 
general  had  unwisely  granted  a truce  of  twenty-four 
hours.  Had  he  attacked  at  once,  the  British  could 
not  have  defended  the  city,  as  their  cannon  were  un- 
mounted. In  reply  to  d’Estaing’s  note  demanding 
the  surrender  of  the  place,  Prevost  had  asked  for 
twenty-four  hours,  under  the  pretense  that  he  wished 
to  consider  the  matter.  What  he  really  wanted  was 
time  to  mount  his  cannon.  During  the  twenty-four 
hour  truce,  the  cannon  were  put  into  position  and 
considerable  reinforcements  under  Colonel  Maitland 
reached  the  town. 

After  besieging  the  city  for  about  three  weeks, 
a grand  assault  was  made  on  October  9th.  The 
French  were  formed  into  three  columns,  led  respect- 
ively by  Count  d’Estaing,  Colonel  de  Steding  and 
the  Viscount  de  Noailles.  The  Americans  were  in 


History  of  Georgia 


97 


two  columns,  one  led  by  Colonel  Laurens  of  South 
Carolina,  the  other  by  General  McIntosh.  General 
Lincoln,  by  virtue  of  his  rank,  commanded  the  re- 
serve; and  the  cavalry  was  led  by  Count  Pulaski. 
General  Isaac  Huger,  with  a force  of  500  men, 
opened  the  attack  on  the  extreme  left — this  move- 
ment being  intended  to  conceal  the  main  attack. 
The  columns  then  hurled  themselves  against  the 
breastworks  with  great  dash  and  bravery,  but  to  no 
purpose.  The  British  were  skillfully  directed,  and 
their  works  were  too  strongly  constructed  to  be  taken 
by  the  attacking  armies.  On  the  failure  of  the  as- 
sault, Lincoln  led  his  force  to  South  Carolina,  and 
d’Estaing  sailed  away.  The  American  loss  was  312; 
the  French  821.  The  British  lost  40  killed,  63 
wounded,  4 missing  and  48  by  desertion. 

Desperate  Condition  of  the  Patriots 

The  condition  of  the  republicans  in  Georgia  was 
now  very  distressing.  The  fall  of  Charleston,  in 
May,  1780,  added  to  the  general  sense  of  insecurity. 
Several  brave  spirits,  Twiggs,  Clarke,  Dooly,  Few, 
Jackson  and  others,  kept  together  small  bands  of 
Georgians  in  the  northern  part  of  the  state,  protect- 
ing the  inhabitants  as  best  they  could  from  the  In- 
dians and  Tories.  Of  this  sort  of  warfare,  our  great 
Georgia  historian,  Charles  C.  Jones,  says:  “Merci- 
less was  the  war  waged  between  Royalists  and  Re- 
publicans. The  former,  inflamed  with  hatred  and 
eager  for  rapine,  spared  neither  age  nor  sex.  Ruin 


98 


History  of  Georgia 


marked  their  footsteps,  and  their  presence  was  a 
signal  for  theft,  torture,  murder,  and  crimes  without 
a name.  Revenge  and  retaliation  prompted  the  Re- 
publicans to  many  bloody  deeds  which  can  scarcely 
be  excused  even  in  a defensive  war.” 

Turning  of  the  Tide 

By  the  spring  of  1781  matters  began  to  look 
brighter  for  the  American  cause.  Several  engage- 
ments had  been  won  in  North  and  South  Carolina, 
notably  at  Cowpens  in  the  latter  state.  General 
Nathanael  Greene  had  succeeded  General  Lincoln  as 
commander  of  the  Southern  Department.  In  April 
he  ordered  General  Pickens  and  Lieutenant-Colonel 
Lee,  known  as  Light  Horse  Harry  Lee,  to  march 
on  to  Augusta.  The  place  was  already  being  sur- 
rounded by  forces  under  James  Jackson  and  Elijah 
Clarke.  The  town  surrendered  on  June  5,  1781, 
and  Major  Jackson  was  placed  in  charge  of  the  fort. 

The  capture  of  Augusta  placed  the  northern  coun- 
ties of  Georgia  in  the  hands  of  the  Americans.  The 
following  January,  General  Anthony  Wayne  came 
to  Georgia  to  take  command.  The  British  were 
gradually  forced  southward,  fort  after  fort  was 
taken,  the  enemy  was  finally  shut  up  in  Savannah, 
and  the  town  surrounded.  Supplies  were  cut  off, 
and  a regular  siege  was  begun.  This  was  the  situ- 
ation when  news  came  that  the  war  had  ended.  Gov- 
ernor Wright  notified  General  Wayne  that  peace  had 
been  made;  terms  of  surrender  were  agreed  upon, 


History  of  Georgia 


99 

and  Savannah  was  evacuated  on  July  11,  1782,  the 
keys  of  the  city  being  delivered  to  James  Jackson. 

Summary 

The  principal  military  events  of  the  Revolution 
in  Georgia  were  the  fall  of  Savannah  in  1778  and 
the  attempt  of  the  Americans  to  regain  the  city  in 
1779.  This  attack  failed.  In  the  northern  part  of 
the  state  the  war  was  fought  not  by  armies  but  by 
small  bands  of  patriots  against  similar  bands  of 
British  and  Tories.  The  British  finally  conquered 
all  of  Georgia.  In  1781  the  cause  of  the  revolution- 
ists began  to  improve.  Augusta  was  retaken  in  that 
year  and  the  American  army  gradually  worked  from 
that  city  southward  until  it  got  to  Savannah.  Savan- 
nah was  being  besieged  when  the  news  of  the  close 
of  the  war  came,  in  1782. 


QUESTIONS  FOR  LOCAL  STUDY 

1.  Were  any  battles  of  the  Revolution  fought  in 

your  county?  Learn  the  details  and  write  an 
account  of  each  battle. 

2.  If  your  county  is  named  for  a Revolutionary 

patriot,  write  a sketch  of  his  life. 


CHAPTER  XII 


GEORGIA  BECOMES  AN  INDEPENDENT  STATE 
The  Council  of  Safety 

It  has  already  been  told  how  a meeting  of  Revo- 
lutionists in  Savannah  in  June,  1775,  appointed  what 
was  called  a Council  of  Safety.  This  Council  man- 
aged the  Revolutionary  movement  until  a regular 
government  could  be  set  up.  The  Council  removed 
the  royalist  officers  from  the  militia,  raised  troops, 
conducted  the  courts  and  took  over  the  duties  of  the 
governor. 

A Temporary  Constitution,  1776 

In  April,  1776,  the  Provincial  Congress  of  dele- 
gates from  the  several  parishes  of  Georgia  prepared 
a temporary  constitution.  It  provided  for  a “Presi- 
dent and  Commander-in-Chief,  to  be  elected  by  the 
Provincial  Congress  for  six  months.”  The  Council 
of  Safety  was  continued,  and  was  made  to  consist 
of  thirteen  men,  in  addition  to  the  five  delegates  to 
the  Continental  Congress.  The  President  was  re- 
quired to  follow  the  directions  of  this  Council. 
Archibald  Bulloch  was  the  first  to  hold  the  office  of 
President.  On  his  death  Button  Gwinnett1  was  ap- 

1 Button  Gwinnett  was  born  in  England  about  1732.  He 
migrated  to  South  Carolina,  but  later  moved  to  Georgia  and  be- 
came a farmer  in  St.  John’s  Parish.  When  the  new  constitution 


100 


History  of  Georgia 


101 


Button  Gwinnett. 

From  an  engraving  lent  by  Mr.  W.  J.  DeRenne. 

of  1777  was  made  Gwinnett  was  a candidate  for  Governor,  but 
the  Assembly  elected  John  Adam  Treutlen.  General  Lachlan 
McIntosh,  with  whom  Gwinnett  had  had  some  differences,  ex- 
pressed his  pleasure  at  the  defeat  of  Gwinnett.  This  brought  on 
a duel  in  which  Gwinnett  was  killed. 


102 


Historv  of  Georgia 


pointed  by  the  Council  to  fill  the  position  until  a 
regular  election  could  be  made  by  the  Provincial 
Congress. 

The  First  Constitution  of  Georgia,  1777 

When  the  control  of  England  was  thrown  off,  the 
former  colonies  became  independent  States,  and  it 
was  necessary  that  each  one  of  them  draw  up  a con- 
stitution. A constitution  is  a legal  paper  which  con- 
tains a statement  of  the  sort  of  government  the  people 
are  to  live  under.  The  making  of  a constitution  is 
the  most  important  act  a people  can  perform,  be- 
cause their  happiness  depends  in  large  measure  on 
their  laws.  The  first  constitution  of  Georgia  was 
made  by  a convention  of  delegates,  who  met  in 
Savannah  from  October,  1776,  to  February,  1777. 
The  following  are  the  principal  provisions  of  the 
Constitution. 

The  Assembly 

The  duty  of  making  the  laws  was  given  to  a legis- 
lature or  assembly  of  one  house,  consisting  of  rep- 
resentatives elected  annually  by  the  people.  Each 
county  was  given  a certain  number  of  representa- 
tives, depending  on  its  relative  importance.  The 
largest  county,  Liberty,  was  given  fourteen  repre- 
sentatives; the  small  counties  of  Camden  and  Glynn 
were  given  one  each;  and  the  other  counties  were 
allowed  ten.  In  addition  to  the  county  representa- 
tives, the  town  of  Savannah  was  given  four  members 
and  the  town  of  Sunbury  two. 


History  of  Georgia 


103 


Qualifications  for  Membership  and  for  Voting 

Representatives  or  members  in  the  Assembly  had 
to  own  two  hundred  and  fifty  acres  of  land  or  other 
property  to  the  value  of  two  hundred  and  fifty 
pounds,  that  is,  about  twelve  hundred  dollars  in  our 
present  money.  Furthermore,  representatives  had  to 
be  of  the  Protestant  religion  and  be  not  less  than 
twenty-one  years  of  age.  The  right  to  vote  was  re- 
stricted to  white  men  not  less  than  twenty-one  years 
of  age  who  owned  not  less  than  ten  pounds’  worth 
of  property.  Persons  following  any  mechanical 
trade,  however,  were  excused  from  this  propertv 
qualification.  A curious  provision  of  the  constitution 
was  that  those  who  failed  to  vote  were  liable  to  a 
fine  of  five  pounds. 

The  Governor 

The  Assembly  was  by  far  the  most  important  part 
of  the  governing  body  of  Georgia  under  this  first 
constitution.  They  were  given  the  power  to  elect 
the  Governor.  The  Governor's  term  lasted  only  one 
year.  He  was  denied  the  power  to  grant  pardons 
or  to  remit  fines.  He  was  made  Commander-in- 
chief  of  the  militia  and  empowered  to  make  certain 
appointments  of  officials. 

The  Council 

The  constitution  also  provided  for  a Council  to 
assist  the  Governor  in  executing  the  laws.  This 
Council  was  elected  by  the  Assembly  from  its  own 
membership,  and  consisted  of  two  members  from 


104 


History  of  Georgia 


each  county.  It  held  office  for  one  year.  During 
the  sessions  of  the  Assembly  it  became  the  duty  of 
the  Council  to  consider  the  laws  passed  by  the  As- 
sembly and  suggest  any  amendments  or  changes  they 
felt  to  be  necessary.  The  constitution  required  that 
the  Council  appoint  a committee  to  take  before  the 
Assembly  the  amendments  they  desired,  and  when 
presenting  these  amendments  the  members  of  the 
Council  were  to  remain  “covered,”  while  the  mem- 
bers of  the  Assembly  were  to  be  “uncovered,”  that 
is  to  say  with  their  hats  off.  This  ceremony  was  to 
show  the  superior  dignity  of  the  Council.  The  As- 
sembly, however,  were  not  required  to  accept  amend- 
ments proposed  by  the  Council. 

Parishes  Become  Counties 

The  twelve  parishes  of  Georgia  were  made  by  this 
constitution  into  eight  counties,  called  Wilkes,  Rich- 
mond, Burke,  Effingham,  Chatham,  Glynn,  Camden, 
and  Liberty.  Liberty  County  was  so  named  on 
account  of  the  strong  revolutionary  spirit  of  the  peo- 
ple of  Sunbury  and  its  neighborhood;  the  other 
names  are  those  of  distinguished  Englishmen  who 
took  the  part  of  the  colonies  in  the  various  disputes 
leading  up  to  the  Revolution. 

Other  Provisions  of  the  Constitution 

The  constitution  also  gave  to  every  man  the  right 
to  worship  God  as  he  desired;  it  also  guaranteed 
him  freedom  from  arbitrary  treatment  by  providing 
jury  trial.  Freedom  of  the  press  was  allowed;  and 


History  of  Georgia 


105 


other  liberties  which  go  to  make  us  a free  people. 
One  of  the  most  striking  provisions  of  the  constitu- 
tion was  the  direction  given  to  the  legislature  to 
establish  free  schools  in  each  county  to  be  supported 
at  the  general  expense  of  the  state. 

John  Adam  Treutlen 

John  Adam  Treutlen  was  elected  Governor  under 
this  constitution  in  May,  1777.  He  is,  therefore,  the 
first  governor  of  Georgia  as  an  independent  state. 
Nothing  is  known  of  the  career  of  Governor  Treut- 
len. 

The  Capitals  of  Georgia 

When  Savannah,  the  first  capital,  fell  in  1778, 
Augusta  was  made  the  capital,  and  when  Augusta 
was  threatened,  the  seat  of  government  was  located 
at  Heard’s  Fort,  now  Washington,  in  Wilkes  County. 
As  practically  the  whole  state  was  then  in  the  hands 
of  the  British,  there  was  really  no  need  for  a regular 
government.  Meanwhile,  Governor  Wright  had  re- 
established the  royal  government  at  Savannah. 
There  were  thus  two  sets  of  officials  in  Georgia, 
one  representing  the  royalists,  the  other  the  patriots. 

When  the  British  abandoned  Augusta,  in  1781. 
the  capital  was  again  moved  to  that  town.  An  As- 
sembly was  called  and  Dr.  Nathan  Brownson  was 
made  Governor.  At  the  election  of  1782  John 
Martin  became  Governor.  During  his  term  of  office 
the  war  closed,  and  Savannah  again  became  the 
capital. 


106 


History  of  Georgia 


Constitution  of  1789 

The  people  became  dissatisfied  with  certain  of  the 
provisions  of  the  Constitution  of  1777,  and  in  1789 
another  convention  was  called.  A new  constitution 
was  made,  the  most  important  changes  being  as  fol- 
lows. The  Council  was  dropped  and  in  its  place 
a Senate  was  created,  to  consist  of  one  member  from 
each  county,  elected  by  popular  vote.  This  was  an 
important  matter.  The  old  Assembly  or  Legislature 
had  consisted  of  only  one  house;  the  new  had  two 
houses,  both  elected  by  the  people.  Another  change 
of  importance  was  in  the  method  of  electing  the 
governor.  He  had  been  elected  under  the  older  con- 
stitution by  the  Assembly.  Under  the  new  consti- 
tution, the  lower  house  of  the  legislature  proposed 
three  names  to  the  senate,  which  chose  one  of  them 
to  be  governor.  The  property  qualification  for  vot- 
ing was  dropped  in  this  constitution;  the  qualifica- 
tion for  membership  in  the  senate  was  fixed  at  two 
hundred  and  fifty  acres;  and  for  the  low  house  at 
two  hundred  acres. 

Constitution  of  1798 

A third  constitution  was  made  by  the  people  in 
1798.  The  principal  change  was  in  the  method  of 
e'ecting  the  Governor.  Instead  of  having  the  lower 
house  propose  three  names,  one  to  be  selected  by  the 
senate  as  Governor,  the  new  constitution  provided 
that  the  two  houses  of  the  legislature  should  meet 
together  and  elect  the  governor,  each  member  of 
the  joint  session  having  one  vote.  The  property 


History  of  Georgia 


107 


qualifications  for  membership  were  lowered  but  not 
abolished.  Another  important  provision  of  the  new 
constitution  was  the  clause  abolishing  the  slave  trade. 
Under  the  Federal  Constitution  the  slave  trade  was 
legalized  until  1808,  but  Georgia  destroyed  it  so 
far  as  she  was  concerned  ten  years  earlier. 

Summary 

Before  a regular  government  could  be  set  up,  the 
revolutionists  controlled  Georgia  through  a Council 
of  Safety.  In  1776  a temporary  constitution  was 
made,  and  the  next  year  a permanent  one.  This 
constitution  provided  for  a Governor  and  Council 
to  be  elected  by  an  Assembly.  The  real  power  was 
in  the  hands  of  the  Assembly,  elected  annually  by 
the  people.  Within  a short  time  this  first  constitu- 
tion was  superseded  by  a new  one,  in  1789,  the 
main  purpose  of  which  was  to  better  distribute  the 
powers  of  government  between  the  legislative  and 
the  executive  branches.  A third  state  constitution 
was  made  in  1798,  the  principal  change  being  in  the 
method  of  electing  the  governor. 

QUESTIONS  FOR  LOCAL  STUDY 

1.  Was  your  town  ever  a capital  of  Georgia?  If 
so,  what  can  you  learn  about  the  town  while 
it  was  the  capital?  Where  was  the  capital 
building  located?  Describe  it.  What  gover- 
nors served  their  terms  while  the  capital  was 
in  your  town? 


CHAPTER  XIII 


SETTLEMENT  OF  MIDDLE  AND  NORTH 
GEORGIA,  1782-1800 

Desolate  Condition  of  Georgia 

The  dawn  of  peace  found  Georgia  in  a desperate 
condition.  The  more  important-  towns,  Savannah, 
Sunbury,  Ebenezer,  and  Augusta,  were  almost  in 
ruins.  Agriculture  and  business  operations  had  been 
abandoned;  hundreds  of  people  had  left  the  state; 
many  negro  slaves  had  fled  or  been  taken  away  by 
royalists;  churches  and  schools  were  closed;  there 
were  no  courts  nor  judges.  The  war  had  been  par- 
ticularly terrible  in  Georgia  because  of  the  division 
among  the  people. 

Quick  Recovery 

But  recovery  began  at  once,  and  in  a very  short 
time  the  ravages  of  war  were  repaired.  The  planters 
in  the  low  country  about  Savannah  soon  took  up 
their  former  lives  and  occupations.  In  North  Geor- 
gia, suffering  was  especially  great  because  the  settle- 
ments were  new  and  there  were  no  well-established 
communities. 

Immigration  from  Virginia  and  the  Carolinas 

At  the  close  of  the  war,  a remarkable  immigra- 
tion set  in  from  the  states  north  of  Georgia.  The 


108 


History  of  Georgia 


109 


seaboard  settlements  were  made  by  Europeans;  but 
the  settlers  of  middle  and  North  Georgia  were  native 
Americans,  moving  southward  in  search  of  new 
lands.  Virginia,  Maryland,  North  Carolina  and 
South  Carolina  all  helped  to  people  the  vacant  terri- 
tory of  our  state.  This  movement  had  begun  a 
score  of  years  before  the  Revolutionary  War.  As 
soon  as  slavery  was  allowed  and  the  land  laws  were 
changed  in  1750,  the  rich  lands  of  Georgia  became 
very  attractive  to  settlers,  and  Georgia’s  policy  of 
granting  land  free  to  actual  settlers  brought  thou- 
sands of  immigrants.  The  first  immigrants  came 
principally  into  St.  George’s  Parish,  now  cut  up 
into  Burke,  Jefferson  and  Screven  Counties. 

Wilkes  County  Settled.  Head  Rights 

Need  for  more  land  was  soon  felt,  and  in  1763 
and  1773  Governor  Wright  obtained  several  cessions 
of  land  from  the  Indians.  The  most  important  of 
these  tracts  was  the  land  lying  around  the  Broad  and 
Little  rivers.  The  Constitution  of  1777  named  this 
land  Wilkes  County.  Two  hundred  acres  were  of- 
fered to  each  head  of  a family  settling  in  Georgia. 
This  method  of  granting  lands  was  known  as  the 
Head  Rights  system.  In  addition  to  the  two  hun- 
dred acres,  fifty  acres  were  given  for  each  child  and 
each  slave  owned  by  the  head  of  the  family,  provided 
that  no  one  was  to  have  rights  for  more  than  ten  ne- 
groes. Later  amendments  changed  the  law  so  as  to 
keep  too  much  land  from  going  to  one  person,  and  to 


110 


History  of  Georgia 


prevent  people  from  getting  land  grants  and  not  com- 
ing to  settle.  Immigrants  poured  into  the  Broad  and 
Little  River  country  in  a steady  stream.  The  move- 
ment was  not  checked  during  the  early  years  of  the 
war,  for  the  reason  that  North  Georgia  was  far 
from  the  scene  of  conflict.  In  1779,  however,  when 
the  British  invaded  North  Georgia,  there  came  a 
temporary  check;  the  new  settlements  were  in  many 
cases  entirely  destroyed,  and  a large  number  of  peo- 
ple fled  into  South  Carolina. 

After  1782,  the  flood  of  immigration  was  again 
turned  toward  Georgia.  Wilkes  County  was  settled 
very  rapidly.  According  to  the  first  census,  1790,  its 
population  was  36,000,  while  that  of  the  entire  state 
was  only  82,000. 

Franklin  and  Washington  Counties  Settled 

Before  the  end  of  the  century  another  large  body 
of  land  was  obtained.  The  Cherokees  and  Creeks 
took  the  part  of  the  British  in  the  war,  and  com- 
mitted many  crimes  against  life  and  property.  In 
1783  a raid  was  organized  against  them,  and  they 
were  compelled  to  cede  a tract  of  land  lying  about 
the  sources  of  the  Oconee.  This  tract  was  divided 
by  the  legislature  in  1784  into  two  counties,  the 
northernmost  being  named  for  Franklin,  the  south- 
ern for  Washington;  and  immigrants  were  invited. 

This  land  also  filled  rapidly.  Many  of  the  people 
who  settled  there  were  known  as  Scotch-Irish,  who 
moved  in  from  the  Carolinas.  The  Scotch-Irish 


History  of  Georgia 


111 


were  descended  from  a colony  of  Scotch  Presbyter- 
ians who  migrated  to  Ulster,  North  Ireland,  in  the 
seventeenth  century.  This  colony  of  Protestants  was 
planted  there  to  offset  the  Catholic  element,  or  native 
Irish.  There  were  some  intermarriages  between  the 
Scotch  and  the  Irish,  but  on  the  whole  the  two  peo- 
ples kept  apart.  The  Scotch  of  North  Ireland  pros- 
pered. Soon  their  flourishing  manufactories  of  linen 
and  woolen  goods  aroused  the  jealousy  of  English 
merchants,  and  at  the  close  of  the  century  their  in- 
dustries were  crippled  by  unfair  laws.  Added  to 
these  troubles,  religious  persecution  came  in  the  early 
years  of  the  eighteenth  century.  The  people  were 
forbidden  to  have  schools,  marriages  performed  by 
their  clergy  were  declared  illegal,  and  they  were 
deprived  of  the  right  to  hold  office.  These  perse- 
cutions led  to  wholesale  emigration  to  America. 
Between  1730  and  1770,  a half  million  of  the  Scotch- 
Irish  came  to  this  country.  They  were  about  one- 
sixth  of  the  total  population  of  the  colonies  at  the 
time  of  the  Revolution.  Such  men  as  Andrew  jack- 
son,  John  C.  Calhoun,  and  Stonewall  Jackson  were 
of  Scotch-Irish  descent. 

The  population  of  North  and  Middle  Georgia 
soon  exceeded  that  of  South  Georgia,  and  the  seat 
of  government  was  moved  to  Louisville,  in  Jefferson 
County,  in  1796;  but  this  place  proving  unhealthy, 
the  capital  was  fixed  at  the  new  town  of  Milledge- 
ville  in  1807. 


112 


History  of  Georgia 


Character  of  the  Immigrants 

Burke  is  the  oldest  of  the  counties  peopled  by 
immigrants  from  the  states  north  of  Georgia.  In- 
deed, there  were  a few  settlers  in  the  county  before 
Oglethorpe  came.  One  George  Galphin,  a famous 
Indian  trader,  had,  at  a very  early  date,  a trading 
station  on  the  Ogeechee  River.  At  the  time  of  the 
Revolution,  Burke  was  thickly  settled.  Whence 
these  immigrants  came  is  uncertain,  as  the  county 
records  have  been  destroyed;  but  the  names  of  some 
of  the  early  settlers  have  come  down  to  us,  and  they 
indicate  that  Virginians  and  South  Carolinians  prob- 
ably found  their  way  into  the  county  in  early  times. 

Our  knowledge  of  Wilkes  County  is  quite  full,  and 
its  history  gives  us  a good  idea  of  early  conditions 
in  all  that  part  of  Georgia.  The  first  comers  to  any 
new  country  are  usually  hardy  men,  in  humble  cir- 
cumstances, men  fitted  by  nature  for  the  hardships 
of  frontier  life,  and  caring  little  for  the  comforts 
of  civilization.  Many  such  people  came  to  Wilkes 
County  just  before  the  Revolutionary  War.  Their 
lives  were  very  hard.  Cut  off  from  the  world  by 
dense  forests,  with  none  but  savages  for  neighbors, 
constantly  in  danger  of  Indian  attacks,  these  people 
set  to  work  to  make  homes  for  themselves.  Their 
first  houses  were  log  cabins  with  dirt  floors;  their 
clothes  and  shoes  were  made  at  home;  their  food 
consisted  of  game,  meat,  and  bread. 

This  pioneer  class  was  followed  soon  after  the 
war  by  people  in  better  circumstances,  usually  Vir- 


History  of  Georgia 


113 


ginians.  Most  of  the  Virginians  settled  on  the  Broad 
River,  in  that  part  of  Wilkes  County  which  was  laid 
of  in  1790  as  Elbert  County,  but  others  were  scat- 
tered throughout  that  part  of  Georgia.  The  his- 
torian George  G.  Smith  says:  “These  Broad  River 
people  were  well-to-do,  brought  with  them  from 
their  homes  a few  negroes  and  such  furniture  as 
could  be  brought  in  wagons,  and  their  live  stock. 
They  found  excellent  land  and  a fine  range,  and 
were  soon  independent,  and  many  of  them  became 
quite  wealthy.  They  were  people  of  great  worth, 
and  their  descendants  have  been  distinguished  for 
their  public  services.”  The  Virginians  brought  with 
them  a great  deal  of  state  pride.  They  were  spoken 
of  for  many  years  as  “the  Virginia  settlement.”  Some 
of  the  best-known  Georgia  families  came  in  those 
years  from  Virginia,  among  them  being  the  Craw- 
fords, Gilmers,  Lewises,  Mathews,  Jordans  and  Bar- 
netts. Among  the  North  Carolinians  we  find  the 
Clarkes,  Waltons,  and  Campbells. 

As  has  been  already  said,  Franklin  and  Washing- 
ton Counties  were  largely  settled  by  Scotch-Irish 
people  coming  in  from  North  and  South  Carolina. 
They  were  a fine  stock,  thrifty,  frugal  and  inde- 
pendent. 

Two  Centers  of  Growth  in  Georgia 

It  is  thus  clear  that  Georgia  has  developed  from 
two  centers,  one  about  the  seaboard,  where  emi- 
grants from  Europe  settled — English,  Scotch,  Irish, 


114 


History  of  Georgia 


French,  Germans,  Swiss;  the  other  in  North  and 
Middle  Georgia,  where  the  settlers  were  Americans 
coming  from  the  older  states.  From  this  native 
American  element  are  descended  most  Georgians  of 
today. 


Society  in  the  Early  Nineteenth  Century 

There  was  a sharp  division  between  the  two  cen- 
ters of  population.  On  the  coast,  society  was  more 
mature.  Among  the  planters,  rich  in  land  and 
slaves,  education  and  culture  were  the  rule.  But 
there  was  a large  class  of  poorer  people  living  in 
the  pinewoods  of  the  frontier.  They  were  as  far 
removed  from  the  planter  class  as  possible  in  prop- 
erty, culture,  and  ambition. 

The  people  of  the  seaboard  followed  the  usual 
social  customs  of  English  people  of  that  day. 
Clothes,  wines,  .and  luxuries  of  all  sorts  were  im- 
ported direct  fom  Europe.  In  the  upper  part  of 
the  state,  society  was  somewhat  more  primitive. 
There  were  few  books,  and  education  was  rare.  The 
young  people  found  their  chief  amusement  in  danc- 
ing. The  boys  and  men  raced  horses,  shot  for  prizes, 
fought  at  the  court  house  on  Saturday,  and  drank 
whisky  somewhat  freely.  Governor  Gilmer,  who 
was  born  in  the  Broad  River  settlement,  in  1790,  has 
left  this  account  of  the  North  Carolina  element  in 
Wilkes  County:  “All  work,  little  play,  no  fruit, 

poor  eating,  thin  clothing,  open  houses,  hard  beds, 
and  few  blankets,  made  children  hardy  or  killed 


History  of  Georgia 


115 


them.  No  novels,  pianos,  or  idleness  filled  the  heads 
of  the  girls  with  vain  imaginings.  The  singing  at 
the  meeting-houses  of  the  primitive  Baptists  tempted 
but  few  to  attend  for  the  sake  of  the  melody.  The 
great  pleasure  indulged  in  by  the  young  people  was 
dancing  at  night.  The  married  women  sought  recre- 
ation from  their  six-days’  work  by  visiting  their 
neighbors  on  Sunday.  The  men  went  to  musters, 
shooting  matches  and  horse  races  on  Saturdays. 
Housekeepers  treated  their  friends  and  their  own 
families  to  a pudding  for  dinner  when  company 
came,  and  the  man  of  the  house  drew  forth  his  bottle 
of  whiskey.  . . . The  preacher  and  the  school- 

master, the  first  to  commence  the  onward  march  of 
civilization,  were  very  slow  in  reaching  outskirt  set- 
tlements. Most  who  did  were  drunken  Irishmen 
or  dissolute  Virginians,  who  found  the  restraints  of 
society  in  the  old  countries  too  binding  for  their 
comfort,  and,  therefore,  moved  to  the  new.  News- 
papers were  confined  to  the  select  few.  It  appears 
from  the  record  of  the  Court  of  Ordinary  of  Wilkes 
County  that  five  out  of  sixteen  wills  had  the  mark- 
ers’ mark  put  to  them  instead  of  their  signatures.” 

Industry 

The  planters  of  the  coast  produced  great  quan- 
tities of  rice  and  corn.  Slaves  were  very  numerous; 
large  plantations  were  the  rule.  In  North  Georgia, 
stockraising  was  for  a long  time  the  chief  industry. 
As  soon  as  sufficient  land  could  be  cleared,  tobacco 
became  the  leading  product.  The  Virginians  had 


116 


History  of  Georgia 


been  tobacco  planters  at  home,  and  had  been  orig- 
inally attracted  to  Georgia  because  the  soil  seemed 
suitable  for  this  crop.  The  North  Georgians  pro- 
duced, besides  tobacco,  almost  everything  they  used 
—cattle,  hogs,  wheat,  corn,  and  cotton  for  home 
manufacture. 

Indians 

For  many  years  the  Indians  were  a constant  dan- 
ger to  the  frontier  settlements,  stealing  cattle  and 
murdering  isolated  settlers.  An  early  law  required 
the  men  to  carry  arms  to  church.  1'he  story  of  the 
expulsion  of  the  Indians  will  be  told  in  another 
chapter. 

Summary 

Georgia  recovered  rapidly  from  the  ill  effects  of 
the  Revolution.  A steady  stream  of  Virginians  and 
Carolinians  poured  into  the  state  for  twenty  years 
after  the  war.  These  people  settled  on  the  lands 
acquired  at  intervals  from  the  Indians.  The  new 
counties  of  Wilkes,  Washington,  and  Franklin 
filled  rapidly.  Wilkes  County  had  in  1790  a popu- 
lation almost  equal  to  that  of  the  rest  of  Georgia. 
The  newcomers  were  given  lands  under  a Head 
Rights  system,  by  which  the  amount  of  land  that 
an  individual  might  obtain  depended  upon  the  size 
of  his  family  and  the  number  of  slaves  he  brought. 
The  farmers  depended  upon  their  own  acres  for 
almost  everything  they  used.  Those  immigrants 
who  came  from  Virginia  were  in  better  circumstances 


History  of  Georgia 


117 


than  the  other  North  Georgians.  They  had  be- 
longed to  the  planter  class  in  Virginia,  and  came 
to  Georgia  in  search  of  fresh  tobacco  lands. 

On  the  coast,  society  was  older  and  more  refined. 
There  were  greater  differences  between  the  several 
classes  there  than  in  North  Georgia.  Rice  growing 
was  the  leading  interest  of  the  coast  farmers. 

QUESTIONS  FOR  LOCAL  STUDY 

1.  Was  your  county  laid  out  between  1777  and 

1810? 

2.  Who  were  some  of  the  early  comers?  Where 

did  they  come  from? 

3.  Write  an  account  of  pioneer  conditions  in  the 

county. 

4.  Were  any  forts  erected  in  your  county  as  pro- 

tection against  the  Indians?  Are  they  still 
standing? 


CHAPTER  XIV 


THE  YAZOO  LAND  FRAUD,  1795-1814 
Boundary  Troubles 

Disputes  over  boundaries  gave  Georgia  a great 
deal  of  trouble  from  the  beginning  of  the  colony 
to  the  close  of  the  eighteenth  century.  The  colony 
had  had  to  fight  for  irs  very  existence  when  Spain 
tried  to  enforce  her  claim  that  Georgia  was  set- 
tled on  Spanish  territory.  The  Spanish  danger  was 
removed  by  the  treaty  of  1763,  when  Florida  was 
ceded  to  England  and  the  southern  boundary  of 
Georgia  was  fixed  at  the  St.  Mary’s  River. 

The  South  Carolina  Claim 

This  extension  of  the  territory  of  Georgia  to  the 
St.  Mary’s  was  disputed  by  South  Carolina.  The 
charter  boundary  of  South  Carolina  covered  all  the 
country  as  far  south  as  the  St.  Mary’s.  Georgia 
was,  therefore,  carved  out  of  South  Carolina;  and, 
as  Georgia’s  charter  boundary  was  the  Altamaha 
River,  South  Carolina  had  ground  for  claiming  that 
the  land  between  the  Altamaha  and  the  St.  Mary’s 
had  never  left  her  possession.  This  claim  was  aban- 
doned at  a conference  between  the  two  states  held 
at  Beaufort  in  1789. 

Claims  of  Spain,  the  United  States,  and  Georgia  to  West 
Florida 

When  England  acquired  Florida  from  Spain  in 
1763,  she  divided  that  province  into  two  parts,  called 


118 


eorgia  in  1783:  Yazoo  Land  Sales. 


History  of  Georgia 


118a 


South /Carolina  Claim : CeVled  1787 


118b 


History  of  Georgia 


Counties  of  Georgia  in  1918 


History  of  Georgia 


119 


East  Florida  and  West  Florida,  and  fixed  as  the 
northern  boundary  of  West  Florida  a line  drawn 
from  the  mouth  of  the  Yazoo  River,  a tributary  of 
the  Mississippi,  eastward  to  the  Chattahoochee 
River.  The  territory  north  of  West  Florida  to  a 
line  drawn  from  the  headquarters  of  the  Savannah 
was  claimed  by  Georgia. 

The  West  Florida  region  became  a bone  of  con- 
tention at  the  close  of  the  Revolution.  During  that 
War,  Spain  had  seized  the  opportunity  to  reconquer 
Florida  from  England;  but  in  the  treaty  ceding 
Florida  back  to  Spain,  England  fixed  the  northern 
boundary  of  the  province  at  the  31st  parallel,  in- 
stead of  surrendering  all  of  West  Florida.  All  the 
territory  north  of  the  31st  parallel  was  ceded  to  the 
United  States.  Spain,  however,  was  dissatisfied  with 
this  arrangement  and  refused  to  acknowledge  the 
right  of  the  United  States  to  the  part  of  West 
Florida  under  dispute.  Georgia  also  put  in  a claim 
to  this  territory,  it  being  the  custom  of  the  states  to 
claim  all  western  lands  lying  between  extensions  of 
their  northern  and  southern  boundaries.  The 
United  States  asserted,  on  the  other  hand,  that  as 
this  western  land  had  been  conquered  bv  the  nation 
as  a whole,  it  ought  to  belong  to  the  national  gov- 
ernment. 

The  dispute  between  the  United  States  and  Spain 
as  to  the  West  Florida  boundary  remained  unset- 
tled for  a number  of  years,  but  in  1795  Spain  gave 
up  her  claim  to  the  land  north  of  the  31st  parallel. 


120 


History  of  Georgia 


Georgia  then  asserted  her  ownership  of  the  im- 
mense region  between  the  Chattahoochee  and  the 

Mississippi. 

First  Yazoo  Sale 

This  great  western  domain  was  the  occasion  of 
a striking  incident  in  the  history  of  Georgia,  known 
as  the  Yazoo  Fraud.  There  was  a great  rush  of 

people  to  the  West  after  the  Revolution.  An  ex- 

cellent opportunity  was  therefore  offered  for  land 
speculators  to  buy  large  tracts  of  land  and  make 
huge  profits  by  selling  it  to  settlers.  In  1789  four 
land  companies  were  organized  to  buy  from  Georgia 
parts  of  the  western  territory.  The  land  they  wished 
to  buy  was  in  the  neighborhood  of  the  Yazoo  River, 
and  on  that  account  the  companies  were  called 
Yazoo  companies.  As  the  United  States  government 
claimed  all  the  western  territory,  and  as  Spain  was 
in  actual  possession  of  the  Yazoo  land,  it  was  easy 
to  persuade  the  Legislature  to  sell  the  state’s  claim 
to  the  land.  Hence  the  Yazooists  succeeded  in  get- 
ting deeds  to  14,400,000  acres  for  the  small  price 
of  $207,580. 

Failure  of  the  Sale 

The  act  making  this  grant  provided  that  credit 
should  be  given  for  two  years,  but  that  on  failure 
to  pay  at  the  end  of  that  time,  the  grants  should  be 
void.  No  provision  was  made  as  to  what  sort  of 
money  the  state  would  require,  but  when  the  com 
panies  offered  worthless  paper  money,  the  Treas- 


History  of  Georgia 


121 


urer  refused  to  accept  it,  and  the  grants  came  to 
nothing. 

Second  Yazoo  Sale,  1795 

The  speculators,  however,  did  not  despair,  and 
in  1795  four  new  companies  made  another  effort 
to  gain  possession  of  the  land.  James  Gunn,  a 
United  States  Senator  from  Georgia,  led  the  move- 
ment. The  scheme  was  entirely  successful.  The 
legislature  granted  to  the  companies  40,000,000  acres 
of  land  for  $500,000.  A part  of  the  purchase  money 
was  to  be  paid  before  the  act  was  passed  and  pay- 
ment of  the  rest  was  required  before  November  1, 
1795. 

The  legislature  was  bribed  to  make  this  sale. 
The  representatives  were  few  in  number,  being  only 
twenty  senators  and  thirty-four  members  of  the 
lower  house.  Ten  senators  voted  for  the  measure, 
eight  against  it;  in  the  House,  nineteen  voted  for  it; 
ten  against  it.  All  the  votes  in  favor  of  the  sale  but 
one  were  believed  to  have  been  purchased  either 
by  gifts  of  money  or  of  shares  in  the  land  companies. 

A number  of  prominent  citizens  protested  against 
the  sale,  William  H.  Crawford1  among  others.  Gov- 


1 William  Harris  Crawford  was  a Virginian  by  birth.  In  1783 
he  came,  as  a child  of  eleven  years,  with  his  parents  to  Georgia. 
Mr.  Crawford  was  elected  to  the  U.  S.  Senate  in  1807,  and 
made  an  extraordinarily  strong  impression  on  the  country  by  his 
great  mental  power  and  fine  personal  appearance.  During  the 
last  days  of  the  Napoleonic  Empire,  Crawford  was  sent  to 
France  as  American  Ambassador.  In  1815  he  was  appointed 
Secretary  of  War  by  President  Madison,  but  was  later  transferred 


122 


History  of  Georgia 


William  Harris  Crawford. 

From  an  engraving  lent  by  Mr.  A.  B.  Caldwell. 

to  the  Treasury  Department.  Crawford  was  looked  upon  as 
the  natural  successor  of  President  Monroe,  and  might  have  filled 
the  highest  office  in  the  land  but  for  an  untimely  stroke  of 
paralysis,  which  necessitated  his  retirement  from  politics.  He 
died  in  1834. 


History  of  Georgia 


123 


ernor  Mathews  has  been  greatly  blamed  for  signing 
the  bill.  No  one  accused  him  of  having  taken  a 
bribe,  but  he  was  held  to  have  been  weak  and  to 
have  allowed  himself  to  be  controlled  by  the  polU 
ticians  around  him. 

Repeal  of  the  Yazoo  Sale,  1796 

The  people  of  the  State  were  very  angry  when 
they  learned  what  had  been  done  and  a demand 
arose  that  a new  legislature  be  elected  that  would  un- 
do the  mischief.  General  James  Jackson,1  one  of  our 
United  States  Senators,  resigned  his  seat  and  returned 
to  Georgia  to  lead  the  movement  for  a repeal  of  the 
sale.  A majority  of  the  new  legislature  were  in 
favor  of  reversing  the  act  of  the  former  legislature, 
and  accordingly  in  February,  1796,  an  act  was 
passed  repealing  the  sale  and  requiring  that  the  pur- 
chase money  be  returned  to  the  Yazooists.  This 
measure  caused  a great  outcry  all  over  the  Union. 
Foreseeing  trouble,  the  Yazoo  speculators  had  gone 

1 James  Jackson  was  born  in  Devonshire,  England,  and  came 
to  Georgia  in  1722,  when  he  was  fifteen  years  of  age.  He  was 
an  ardent  revolutionist,  and  rose  from  the  rank  of  private  to 
Lieutenant-Colonel.  After  the  war  he  was  made  a Brigadier- 
General  of  militia.  General  Jackson  was  elected  Governor  of 
Georgia  in  1788,  when  only  thirty  years  old,  and  declined  the 
office  on  the  ground  that  he  was  too  young  to  serve.  Ten  years 
later  he  was  again  elected.  After  the  expiration  of  his  term  as 
governor,  General  Jackson  was  returned  to  the  United  States 
Senate,  of  which  he  had  been  a member  before  his  election  to 
the  Governorship.  He  remained  in  the  Senate  until  his  death 
in  1806. 


124 


History  of  Georgia 


James  Jackson. 

From  an  engraving  lent  by  Mr.  A.  B.  Caldwell,  Publisher,  Atlanta,  Ga. 


History  of  Georgia 


125 


to  other  sections  of  the  United  States  and  sold  part 
of  their  holdings  at  enormous  profit.  The  people 
who  bought  from  them  claimed  that  they  knew  noth- 
ing of  any  fraud  in  the  matter. 

Cession  of  the  Western  Lands  to  the  United  States,  1802 
Georgia  refused,  however,  to  do  anything  to  help 
those  who  had  purchased  the  land  from  the  specu- 
lators. Six  years  after  the  repeal  of  the  sale,  all 
of  this  western  land  was  ceded  by  Georgia  to  the 
United  States.  In  ceding  the  western  lands,  Georgia 
was  following  the  example  of  the  other  states,  all 
of  whom  had  surrendered  their  claims  to  the  general 
government.  Under  the  terms  of  the  cession,  Geor- 
gia was  paid  $1,250,000  for  the  land  and  the  United 
States  agreed  to  remove  the  Indians  from  that  part 
of  the  state’s  territory  which  she  retained.  Further- 
more, the  national  government  agreed  to  assume  re- 
sponsibility for  the  Yazoo  business. 

The  United  States  Commissioners 

President  Jefferson  appointed  commissioners  to 
investigate  the  Yazoo  matter,  and  after  several 
months  they  made  a report  recommending  that  Con- 
gress appropriate  $5,000,000  to  settle  all  the  claims. 
Their  idea  was  that  the  settlement  of  the  vast  and 
fertile  Yazoo  region  would  be  prevented  unless  the 
titles  to  the  land  were  cleared  up.  But  Congress 
could  not  be  induced  to  vote  the  money,  and  for 
seven  years  more  the  Yazoo  claims  were  constantly 
before  the  country. 


126 


History  of  Georgia 


The  Supreme  Court  Decision,  1810 

Seeing  that  Congress  would  do  nothing  for  them, 
the  Yazoo  claimants  had  a case  brought  before  the 
United  States  Supreme  Court.  In  1810  the  Court 
handed  down  a decision  which  pronounced  Georgia’s 
act  repealing  the  Yazoo  sale  unconstitutional.  Fol- 
lowing this  decision,  Congress  finally,  after  four 
more  years  of  discussion,  passed  an  act  appropri- 
ating $5,000,000  to  settle  the  claims. 

Summary 

“The  Yazoo  Fraud”  was  the  name  given  to  the 
sale  of  millions  of  acres  of  Georgia’s  western  land 
at  the  close  of  the  eighteenth  century.  The  sale  was 
obtained  by  bribing  the  legislature.  When  a new 
legislature  repealed  the  Yazoo  Act  the  year  follow- 
ing the  sale,  the  purchasers  of  the  land,  and  those 
to  whom  part  of  the  holdings  had  been  sold,  com- 
menced a long  fight  which  ended  twenty  years  later 
in  their  victory.  This  result  was  obtained  because 
of  the  decision  of  the  Supreme  Court  in  1810.  For 
many  years  the  Yazoo  matter  played  a leading  part 
in  Georgia  politics.  No  man  who  was  guilty  of 
taking  a part  in  the  sale  was  ever  elected  by  the 
people  to  public  office. 


CHAPTER  XV 


GEORGIA  AND  THE  CREEK  INDIANS,  1733-1827 
The  Creeks 

For  more  than  a hundred  years  after  the  first 
settlement  was  made  in  Georgia  some  part  of  the 
state  was  occupied  by  the  native  Indians.  The 
principal  tribes  in  Georgia  were  the  Cherokees  and 
Creeks.  The  Cherokees  lived  north  of  a line  drawn 
along  the  Broad  River  to  Athens  and  thence  to 
Cedartown.  South  of  this  line  were  the  Creeks. 
The  Creek  country  also  extended  into  Alabama, 
where  the  Indians  were  called  “Upper  Creeks”;  in 
Georgia  they  were  known  as  “Lower  Creeks.”  The 
map  at  the  end  of  this  chapter  gives  the  names  of 
the  important  Creek  towns,  most  of  which  were  in 
Southwest  Georgia.  These  Creek  Indians,  though 
owning  a huge  territory,  were  very  few  in  number. 
At  the  time  of  the  Revolution  the  total  Creek  popula- 
tion was  about  12,000.  In  1820  they  numbered 
20,000,  but  only  5,000  of  these  lived  in  Georgia. 
White  people  were  constantly  pouring  into  Georgia, 
settlement  became  thick  in  the  eastern  portions  of 
the  state,  and  the  people  in  their  need  for  new  land 
gradually  pushed  the  Indians  westward.  The  story 
of  the  relations  of  Georgians  with  the  Indians  is 
the  story  of  their  efforts  to  get  from  them  the  land 
of  which  they  were  not  making  the  best  use. 


127 


128 


History  of  Georgia 


Cessions  Under  the  Colonial  and  State  Governments 

As  a usual  thing  Georgians  did  not  forcibly  take 
land  from  the  Indians.  The  practice  was  to  hold 
conferences  with  the  chiefs  and  buy  from  them  land 
as  it  was  needed.  The  map  on  page  135a  shows  that 
before  the  Revolution  five  bodies  of  land  had  been 
obtained,  and  all  the  white  people  of  the  colony 
lived  in  this  small  space  until  the  State  won  her 
independence  from  England. 

During  the  Revolution  the  Creeks  and  the  Chero- 
kees  sided  with  the  English  and  committed  many 
crimes  against  the  lives  and  property  of  Georgians. 
After  peace  was  concluded  a raid  was  organized 
against  the  Indians  and  they  were  forced  to  give 
up  a large  body  of  land,  the  boundaries  of  which 
were  not  clear.  The  Georgia  legislature,  however, 
interpreted  the  treaties,  of  which  there  were  several, 
as  surrendering  all  the  land  east  of  the  Oconee  River, 
and  in  1784  this  land  was  divided  into  the  counties 
of  Franklin  and  Washington.  These  treaties  con- 
cerned Creek  lands,  and  were  obtained  from  a 
minority  of  the  Indians.  The  majority  resented  the 
treaties,  and  under  the  leadership  of  a famous  half- 
breed  chief,  named  Alexander  McGillivray,  began 
a dreadful  border  warfare  against  the  white  people. 
People  continued  to  pour  into  the  new  country,  how- 
ever, in  spite  of  the  Indian  war,  and  for  many  years 
lived  in  great  peril.  Log  forts  were  built  along 
the  Oconee  River,  and  when  news  of  an  Indian  raid 


History  of  Georgia 


129 


was  received,  the  people  would  fly  to  the  forts  for 
protection. 

The  United  States  Government  Assumes  Control  Over  the 
Indian  Cessions 

All  these  early  treaties  were  made  between  the  state 
officials  and  the  Indians.  But  the  Constitution  of 
the  United  States,  adopted  in  1789,  gave  to  the 
national  government  the  power  of  making  treaties 
with  the  natives.  President  Washington  therefore 
took  the  matter  in  hand  and  summoned  to  New  York, 
then  the  capital  of  the  country,  a delegation  of  In- 
dian chiefs.  Alexander  McGillivray  and  others 
went,  and  Washington  succeeded  in  getting  them 
to  give  up  all  land  east  of  the  Oconee  Riven 

Georgia  Cedes  the  Western  Territory 

No  further  cessions  of  Indian  lands  were  obtained 
between  1790  and  1802.  In  the  latter  year  Georgia 
gave  up  to  the  United  States  all  land  between  the 
Chattahoochee  and  Mississippi  rivers,  the  govern- 
ment agreeing  at  the  same  time  to  remove  the  In- 
dians entirely  from  the  land  east  of  the  Chatta- 
hoochee as  soon  as  it  could  be  done  “peaceably  and 
on  reasonable  terms.”  The  words  in  quotation  marks 
gave  much  trouble  in  the  future.  The  national  gov- 
ernment held  the  Indians  to  be  nations  just  as  the 
English  or  the  French  were  nations,  and  the  Presi- 
dent of  the  United  States  would  not  force  the  Indians 
to  cede  lands  against  their  wishes.  Georgians,  on 
the  other  hand,  held  that  the  agreement  of  1802 


130 


History  of  Georgia 


bound  the  United  States  government  to  remove  the 
Indians  wi'thin  a short  time,  and  by  force,  if  nec- 
essary. 

The  Land  Lottery 

In  1802  and  1804  the  United  States  obtained  for 
Georgia  small  cessions,  extending  the  boarders  of 
the  state  to  the  Ocmulgee  River.  In  this  new  coun- 
try the  land  was  distributed  to  the  white  people 
under  a different  system  from  that  used  east  of  the 
Oconee.  East  of  the  Oconee  the  Head  Rights  sys- 
tem was  used.  The  objections  to  this  system  were 
that  only  the  best  lands  were  chosen  by  settlers, 
leaving  large  areas  unsettled;  and  that  in  the  un- 
broken forest  it  was  practically  impossible  to  de- 
scribe the  lands  so  as  to  avoid  disputes  over  the 
lines  dividing  the  various  farms.  Sometimes  several 
different  men  claimed  the  same  land,  which  re- 
sulted in  quarreling  and  lawsijits.  To  end  this  situ- 
ation the  legislature  in  1803  invented  a system  known 
as  the  Land  Lottery.  The  land  was  directed  to  be 
surveyed  and  divided  into  small  lots  of  equal  size. 
Each  lot  was  then  numbered,  and  a map  of  the 
whole  area  placed  in  the  surveyor-general’s  office. 
Slips  of  paper  with  numbers  representing  the  lots 
were  then  placed  in  a box,  and  people  were  allowed 
to  draw  for  lots.  This  system  proved  a good  one 
and  all  the  land  in  Georgia  west  of  the  Oconee  was 
eventually  divided  up  in  this  way.  The  Lottery 
gave  every  man,  whether  rich  or  poor,  an  equal 
chance  to  obtain  land,  and  prevented  large  bodies 


History  of  Georgia 


131 


of  land  from  getting  into  the  hands  of  speculators. 
Settlement  was  therefore  more  rapid  than  formerly. 

Cession  After  the  War  of  1812 

In  our  second  war  with  Great  Britain  the  Indians 
again  took  the  part  of  the  enemy.  A wide  conspiracy 
of  all  Indians  from  Canada  to  Florida  was  organ- 
ized by  Tecumseh.  Wilson  Lumpkin,  later  gover- 
nor of  Georgia,  was  at  that  time  making  a western 
tour  and  was  present  at  one  of  the  conferences  be- 
tween Tecumseh  and  the  Indians,  though  he  was 
ignorant  of  what  was  going  on.  He  had  hardly 
returned  to  Georgia  when  the  Indians  began  to 
massacre  settlers  on  the  border.  This  was  the  time 
of  the  famous  attack  on  Fort  Mims,  in  Alabama, 
when  the  Indians  murdered  a large  number  of  men, 
women  and  children.  This  event  aroused  the  peo- 
ple of  the  South  and  a number  of  expeditions  were 
cent  against  the  Creeks,  one  of  them  being  led  by 
Andrew  Jackson,  who  afterwards  became  president 
of  the  United  States;  and  another  by  General  Floyd, 
who  commanded  a force  of  Georgia  militia.  Gen- 
eral Jackson  conquered  the  Creeks  and  obtained  a 
treaty  with  them  by  which  they  ceded  a large  bodv 
of  land  in  central  and  southern  Alabama  and  the 
Tallahassee  country  of  South  Georgia.  Georgians 
thought  an  opportunity  was  afforded  of  removing 
the  Indians  entirely  from  Georgia,  but  this  would 
not  have  been  fair,  as  the  Georgia  Indians  had  not 
taken  part  in  the  hostilities,  the  massacres  having 
been  the  work  of  the  Upper  Creeks. 


132 


History  of  Georgia 


The  Flint  River  Becomes  the  Boundary 

In  1821,  during  the  administration  of  Governor 
John  Clarke,  Georgia  obtained  the  land  between 
the  Ocmulgee  and  the  Flint  rivers.  After  this  ces- 
sion the  Creeks  felt  cramped  for  land  and  declined 
to  sell  any  more,  and  the  national  government’  re- 
fused to  push  matters.  In  1823,  George  M.  Troup1 
was  elected  governor.  He  felt  very  strongly  on  the 
subject  of  Indian  removal  and  recommended  to  the 
legislature  that  a protest  be  sent  to  the  national 
government.  This  was  done  and  drew  from  Presi- 
dent Monroe  the  opinion  that  “The  Indian  title  was 
not  affected  in  the  slightest  circumstance  by  the 
compact  with  Georgia,  and  that  there  is  no  obliga- 
tion on  the  United  States  to  remove  the  Indians 
by  force.” 

Governor  Troup  maintained,  on  the  contrary, 
that  “the  words  ‘as  soon  as  may  be’  in  the  articles 
of  agreement  and  cession  will  not  longer  avail  the 
United  States  anything;  the  operation  of  these  has 
been  long  since  estopped  by  time.”  In  his  opinion 
neither  party  to  the  agreement  of  1802  intended  that 
twenty  years  should  pass  and  find  Georgia  in  pos- 
session of  only  about  half  of  her  reserved  territory. 

1 George  M.  Troup  was  born  in  1780,  in  Alabama,  which 
was  then  a part  of  Georgia.  He  was  graduated  from  Princeton 
in  1797,  one  year  after  John  M.  Berrien,  and  two  years  before 
John  Forsyth.  All  of  these  men  achieved  distinction.  Choosing 
the  profession  of  law,  Troup  was  admitted  to  the  bar  in  Savannah 
in  1800.  After  three  years  in  the  legislature,  he  went  to  Con- 
gress in  1806,  holding  his  seat  until  1815.  During  the  discus- 
sions growing  out  of  the  Yazoo  Fraud,  he  opposed  all  attempts 


History  of  Georgia 


133 


George  Michael  Troup. 


to  pay  the  claims  of  the  Yazooists.  In  1816  Troup  was  elected 
to  the  United  States  Senate,  but  resigned  in  two  years.  —He 
was  especially  noted  in  Georgia  politics  as  leader  of  the  Troup 
Party,  the  party  of  the  aristocratic  element,  who  were  opposed 
by  John  Clarke  and  the  frontiersmen.  As  Governor  from  1823 
to  1827,  1 roup  was  principally  concerned  with  the  removal  of 
the  Creeks. 


134 


History  of  Georgia 


The  Final  Cession 

The  Creeks  faced  a critical  situation.  Any  fur- 
ther cessions  of  land  would  mean  that  they  would 
be  obliged  to  migrate  west  of  the  Mississippi  River, 
where  reservations  were  being  made  for  all  Indians 
moved  from  the  eastern  part  of  the  United  States. 
On  the  question  of  removal  the  Creeks  divided  into 
two  factions.  The  Lower  Creeks,  led  by  an  intelli- 
gent half-breed  named  William  McIntosh,  wanted 
to  leave  the  east;  but  the  Upper  Creeks,  living  in 
Alabama,  were  not  willing  to  go,  and  they  were 
a majority  of  the  Creek  nation.  A meeting  was 
arranged  at  Indian  Springs  in  February,  1825,  be- 
tween Georgia  Creeks  and  government  agents.  The 
Indians  agreed  to  sell  their  Georgia  lands  for 
$5,000,000  and  an  equal  acreage  west  of  the  Missis- 
sippi. The  treaty  was  sent  to  Washington,  approved 
by  the  Senate,  and  signed  by  the  President,  in 
March. 

The  Murder  of  McIntosh;  Treaty  of  Washington 

The  Alabama  Creeks  bitterly  resented  the  action 
of  the  Georgia  Indians  and  shortly  after  the  treaty 
was  made  a party  of  Upper  Creeks  surrounded  Mc- 
Intosh’s house,  set  fire  to  it,  and  killed  the  chief 
when  he  came  out.  The  Alabama  Indians  claimed 
that  the  Georgia  minority  had  no  right  to  cedei 
Creek  lands.  The  government  Indian  Agent,  named 
Crowell,  was  using  his  influence  against  a cession 
of  the  Georgia  lands  and  wrote  to  President  Adams, 


History  of  Georgia 


135 


who  had  succeeded  President  Monroe,  that  the 
treaty  of  Indian  Springs  had  been  obtained  from 
a small  minority  of  the  Creeks.  Governor  Troup, 
in  the  meantime,  had  begun  to  survey  the  land  for 
distribution  under  the  land  lottery.  President 
Adams  ordered  that  the  surveys  be  stopped  until 
an  investigation  could  be  made.  The  President  then 
called  the  Creek  chiefs  to  Washington,  where  a new 
treaty  was  made,  known  as  the  Treaty  of  Wash- 
ington, differing  from  the  Indian  Springs  treaty  in 
that  a narrow  strip  of  land  along  the  Chattahoochee 
was  kept  by  the  Creeks.  The  treaty  provided  that 
the  Indians  should  have  possession  until  January  1, 
1827;  but  Governor  Troup,  against  the  protest  of 
the  President,  had  the  surveys  finished  by  October, 
1826.  He  disregarded  the  treaty  of  Washington 
and  upheld  the  Indian  Springs  treaty.  In  January 
following,  the  Governor  even  proceeded  to  survey 
the  strip  reserved  to  the  Creeks.  The  Creeks  pro- 
tested to  President  Adams,  who  threatened  to  use 
force,  if  necessary,  to  compel  the  governor  to  keep 
out  of  the  unceded  land.  Governor  Troup  met  this 
threat/by  issuing  an  order,  as  commander-in-chief 
of  the  militia,  to  the  major-generals  to  hold  their 
commands  in  readiness.  He  intended  to  defend  the 
state  from  invasion  on  the  part  of  the  United  States. 
The  President,  however,  did  not  carry  out  his  threat. 
Instead,  he  persuaded  the  Creeks  to  cede  the  small 
strip  of  land  which  they  still  held.  This  last  treaty 
was  concluded  in  1827. 


135a 


135b 


136 


History  of  Georgia 


Summary 

From  the  founding  of  the  colony  of  Georgia  to 
the  final  removal  of  the  Creeks  was  almost  a hun- 
dred years.  The  long  stay  of  the  Creeks  was  due 
to  the  fact  that  in  the  eighteenth  century  there  was 
no  need  for  taking  their  land,  the  population  of 
Georgia  being  very  small;  while  in  the  nineteenth 
century  the  Indians,  with  the  support  of  the  national 
government,  were  slow  in  making  cessions.  Under 
the  Federal  Constitution,  the  right  of  acquiring  In- 
dian land  was  taken  away  from  the  states  and  given 
to  the  President  and  the  Senate,  and  as  the  Indian 
nations  were  held  to  be  the  rightful  owners  of  the 
land,  the  government  would  not  force  them  to  sell 
against  their  wishes.  It  was  due  chiefly  to  the  deter- 
mined position  taken  by  Governor  Troup  that  the 
Creeks  were  compelled  to  cede  their  last  territory 
in  Georgia  in  1826  and  1827.  The  Oconee  River 
is  the  dividing  line  between  two  systems  of  land 
distribution,  the  head  rights  system  being  used  east 
of  the  river,  the  land  lottery  west  of  it. 

QUESTIONS  FOR  LOCAL  STUDY 

1.  Can  you  learn  at  what  date  the  land  from  which 

your  county  was  carved  was  ceded  by  the 

Creeks? 

2.  Where  was  the  Treaty  made? 

3.  Study  the  lives  of  Alexander  McGillivray  and 

William  McIntosh;  write  sketches  of  them. 


CHAPTER  XVI 


GEORGIA  AND  THE  CHEROKEES 
The  Cherokees 

The  Cherokee  nation  of  Indians  once  possessed 
a vast  territory.1  Their  boundaries  were  the  Ohio 
River  on  the  north;  the  Blue  Ridge  and  the  Kan- 
awha and  Wateree  Rivers  on  the  east;  the  Creek 
lands  on  the  south;  while  on  the  west  their  hunting 
grounds  extended  to  the  Tennessee  River.  At  the 
time  when  the  strife  with  the  Cherokees  in  Georgia 
became  serious,  their  lands  had  been  reduced  by 
treaties  to  a small  area,  lying  principally  in  North 
Georgia,  though  it  reached  into  western  North 
Carolina,  east  Tennessee  and  northeast  Alabama.  A 
census  of  the  Cherokees  taken  in  1825  showed  a 
total  population  of  13,563  Indians,  1,277  negro 
slaves,  and  220  white  people. 

Cherokee  Land  Not  in  Demand  Until  About  1820 

There  was  not  much  demand  in  the  eighteenth 
nor  in  the  early  years  of  the  nineteenth  century  for 
Cherokee  land.  The  invention  of  the  cotton  gin 
had  caused  a rapid  increase  in  cotton  planting,  and 
the  Creek  lands  were  far  more  suitable  for  that 
purpose.  But  by  1820  the  state  authorities  began 
to  urge  the  national  government  to  carry  out  the 

1 See  map,  p.  13.  137 


138 


History  of  Georgia 


agreement  of  1802.  An  effort  was  made  in  1823 
to  secure  more  land,  but  the  Cherokees  felt  that 
further  cessions  would  force  them  to  move  west 
of  the  Mississippi,  and  a majority  of  them  were 
opposed  to  such  a course. 

Cherokees  a Semi-Civilized  People 

During  the  first  quarter  of  the  nineteenth  cen- 
tury the  Cherokees  made  some  progress  in  civil- 
ization. With  the  increase  of  their  population  and 
the  gradual  disappearance  of  game,  they  were  forced 
to  become  herdsmen  and  farmers.  The  national 
government  aided  them  by  supplying  hoes,  rakes, 
plows,  looms  and  spinning  wheels.  The  more  in- 
telligent of  the  Cherokees  were  rapidly  taking 
advantage  of  this  aid.  A report  made  to  the  gov- 
ernment in  1825  says  that  industrial  and  commercial 
life  was  flourishing  among  the  Cherokees,  popu- 
lation increasing,  schools  being  established,  and 
affairs  in  general  in  an  encouraging  condition.  In 
1829,  General  Carroll  toured  Cherokee  land  at  the 
President’s  request.  He  reported  that  “the  advance- 
ment the  Cherokees  had  made  in  morality,  religion, 
general  information,  and  agriculture  had  astonished 
him  beyond  measure.  They  had  regular  preachers 
in  their  churches,  the  use  of  spirituous  liquors  was 
in  great  degree  prohibited,  their  farms  were  worked 
much  after  the  manner  of  the  white  people,  and 
were  generally  in  good  order.” 

In  1827,  the  Cherokees  set  up  a written  consti- 


History  of  Georgia 


139 


tution,  modeled  on  the  Federal  Constitution.  In 
this  document  the  Indians  claimed  independence  as 
one  of  the  distinct  nations  of  the  earth.  Governor 
Forsyth  protested  to  the  President  against  the  estab- 
lishment of  a separate  government  within  the  limits 
of  Georgia,  and  more  than  anything  else  this  act 
was  the  reason  for  Georgia’s  attitude  towards  the 
Cherokees. 

Influence  of  Half-Breeds  in  Cherokee  Land 

The  progress  of  the  Cherokees  was  due  in  large 
measure  to  the  presence  of  half-breeds  among  them. 
During  the  Revolution  many  Tories  had  fled  to 
Cherokee  land,  married  Indian  women,  and  brought 
up  families.  Governor  Lumpkin  visited  the  Chero- 
kees in  1825  and  found  that  those  Indians  who  were 
most  civilized  were  of  mixed  blood.  The  chiefs 
were  usually  part  white  and  had  English  or  Scotch 
names.  John  Ross,  the  most  powerful  of  them,  was 
a half-Scot.  Other  great  chiefs  were  Major  Ridge 
and  John  Ridge.  These  men  controlled  the  Chero- 
kees and  usually  received  the  bulk  of  the  money 
paid  by  the  government  for  their  lands. 

Georgia  Extends  Her  Laws  Over  the  Cherokees 

Governor  Forsyth  and  the  people  of  Georgia  were 
determined  to  prevent  the  formation  of  an  inde- 
pendent Cherokee  country  within  our  borders.  The 
legislature  therefore  passed  an  act  in  1828  giving 
the  courts  of  Georgia  authority  over  Cherokee  coun- 


140 


History  of  Georgia 


try.  In  1830  the  Cherokees  were  forbidden  to  hold 
any  councils  or  courts.  President  Jackson  approved 
these  acts,  and  the  Cherokees,  seeing  that  no  aid 
could  be  expected  from  the  President,  had  a case 
brought  before  the  United  States  Supreme  Court, 
hoping  to  get  a decision  declaring  Georgia’s  acts 
unconstitutional. 

The  Cherokee  Nation  vs.  The  State  of  Georgia 

The  decision  of  the  court  in  the  celebrated  case 
of  the  Cherokees  vs.  Georgia  was  handed  down  in 
1831.  The  petition  of  the  Indians  that  Georgia 
be  prevented  from  extending  her  laws  over  the 
Cherokee  country  was  denied  by  the  court,  on  the 
ground  that  the  Cherokees  were  not  a state  in  the 
meaning  of  the  Constitution  and  hence  could  not 
bring  a suit  against  the  State  of  Georgia.  The  mat- 
ter did  not  end  there,  however,  because  another  case 
was  pending,  having  arisen  from  the  following 
circumstances. 

Worcester  vs.  The  State  of  Georgia 

In  1829  gold  was  discovered  in  Cherokee  land 
By  the  summer  of  1830  several  thousand  white  men 
had  come  to  the  Indian  country.  They  were  a vici- 
ous, drunken  lot  of  men  and  created  much  disorder 
among  the  Indians.  Consequently,  the  legislature 
of  Georgia  passed  an  act  making  it  illegal  for  any 
white  man  to  reside  in  Cherokee  land  after  March, 
1831,  unless  he  had  a permit  from  the  State  author- 


H istory  of  Georgia 


141 


Wilson  Lumpkin. 

Reproduced  by  permission  from  “Removal  of  the  Cherokee  Indians  from 
Georgia edited  by  Mr.  IV.  J.  DeRenne, 


142 


History  of  Georgia 


ities.  A man  named  Worcester,  a missionary,  re- 
fused either  to  leave  Cherokee  land  or  to  get  a 
license  to  remain  there.  He  was  arrested  and  tried 
before  the  Gwinnett  County  Superior  Court  and 
sentenced  to  four  years  in  the  penitentiary.  He 
refused  a pardon  offered  by  Governor  Gilmer,  if 
he  would  promise  not  to  repeat  the  offense.  He 
preferred,  on  account  of  his  sympathy  with  the 
Cherokee  case,  to  let  the  matter  be  appealed  to  the 
United  States  Supreme  Court.  In  1831  this  case 
was  also  decided  by  the  court,  and  this  time  they 
declared  that  Georgia’s  acts  in  extending  her  laws 
over  the  Cherokees  were  unconstitutional,  because 
the  “Cherokee  nation  is  a distinct  community,  occu- 
pying its  own  territory,  with  boundaries  accurately 
described,  in  which  the  laws  of  Georgia  can  have 
no  force.” 

President  Jackson  Refuses  to  Enforce  the  Decision 

The  Cherokees  thought  for  a moment  that  they 
had  won  their  long  fight  against  Georgia.  They 
were  destined  to  be  disappointed,  however,  as  Presi- 
dent Jackson  would  not  enforce  the  judgment  of 
the  Supreme  Court.  He  sided  with  Georgia  in 
the  dispute. 

Wilson  Lumpkin  Becomes  Governor 

In  1831  Wilson  Lumpkin  became  Governor  of 
the  State.  His  name  had  long  been  connected  with 
the  Cherokee  question.  As  a member  of  Congress 
from  1827  to  1831,  he  had  succeeded  in  getting 


History  of  Georgia 


143 


through  both  houses  of  Congress  a bill  to  settle  west 
of  the  Mississippi  all  Indians  remaining  in  the  east. 
On  becoming  Governor,  he  urged  the  legislature  to 
authorize  the  survey  and  distribution  of  Cherokee 
land.  He  did  not  propose  to  take  from  the  Chero- 
kees  any  land  actually  being  used  by  them,  but  to 
settle  white  men  on  the  unoqcupied  land  in  the 
Cherokee  country.  The  legislature  carried  out  the 
suggestion  of  the  Governor  and  in  1832  the  survey 
was  made  and  lots  drawn  for  the  following  year. 
The  legislative  act  divided  Cherokee  land  into  ten 
new  counties,  named  in  most  cases  for  distinguished 
Georgians.  The  new  counties  were  Forsyth,  Lump- 
kin, Union,  Cobb,  Cherokee,  Gilmer,  Cass,  Mur- 
ray, Floyd,  and  Paulding. 

The  Final  Treaty,  1835 

Finding  that  no  relief  had  come  from  the  decision 
of  the  Supreme  Court,  a strong  white  population 
having  occupied  parts  of  their  land,  and  being  un- 
able to  maintain  their  government,  a part  of  the 
Cherokees  decided  that  it  would  be  best  to  give 
up  the  struggle  and  migrate  west  of  the  Mississippi. 
Those  who  favored  moving  were  led  by  the  Ridges 
and  a man  named  Elias  Boudinot.  Boudinot  was 
editor  of  The  Cherokee  Phoenix,  a newspaper  the 
Cherokees  had  established  several  years  before 
Governor  Lumpkin's  term  of  office  began.  The 
opposition  to  removal  was  led  by  John  Ross.  In 
1835  both  of  these  factions  sent  delegations  to  Wash- 


144 


History  of  Georgia 


ington,  one  to  negotiate  a treaty,  the  other  to  protest 
against  it.  The  national  government  made  a treaty 
with  the  Ridge  party,  with  a provision  that  it  was 
to  be  binding  only  after  it  had  received  the  approval 
of  the  whole  Cherokee  nation.  In  the  following 
October,  when  the  treaty  was  laid  before  a council 
of  Cherokees,  it  was  rejected.  The  United  States 
commissioners  then  called  a meeting  of  the  Chero- 
kees at  New  Echota.  The  Ross  party  did  not  come, 
but  with  the  Ridge  party  the  commissioners  made 
a treaty,  under  the  terms  of  which  the  Cherokees 
were  to  move  west  of  the  Mississippi  and  receive 
$5,000,000  for  their  lands.  This  treaty  was  de- 
nounced by  the  Ross  party  as  not  being  the  will  of 
the  majority,  but  it  was  ratified  at  Washington  in 
spite  of  their  protests. 

Removal  of  the  Cherokees 

A detachment  of  the  United  States  army  was  sent 
to  Georgia  to  collect  the  Cherokees  and  organize 
them  for  the  removal.  General  Winfield  Scott  had 
charge  of  the  arrangements.  By  the  end  of  1838 
the  Cherokees  had  been  marched  away  from  their 
ancestral  hunting  grounds.  A few  of  them  re- 
mained, having  fled  to  the  mountains  to  avoid  en- 
rollment, and  theii  descendants  may  be  found  to 
this  day  in  the  counties  of  extreme  North  Georgia. 
In  their  new  homes  west  of  the  Mississippi  the 
quarrels  between  the  two  factions  were  renewed  and 
finally  the  Ridges  and  Boudinot  were  murdered  by 
members  of  the  Ross  party. 


History  of  Georgia 


145 


Summary 

Occupying  the  remote  mountainous  section  of 
Georgia,  the  Cherokees  were  for  many  years  undis- 
turbed. The  main  interest  of  Georgians  was  to 
obtain  lands  suitable  for  cotton,  and  the  Creek 
country  was  much  more  desirable.  But  when  the 
Cherokees  set  up  a government,  intending  to  remain 
in  Georgia  permanently,  it  became  necessary  to  take 
action.  The  Cherokees  fought  removal  very  bitterly. 
Two  cases  involving  the  question  were  tried  before 
the  United  States  Supreme  Court  and  only  the  aid 
of  President  Jackson  made  it  possible  for  Georgia 
to  win  the  fight.  The  date  of  the  final  treaty  was 
1835,  though  it  was  two  or  three  years  longer  before 
the  last  of  the  Cherokees  had  been  removed. 


TOPICS  FOR  LOCAL  STUDY 

1.  Study  the  lives  of  John  Ross,  the  Ridges  and 

Elias  Boudinot;  write  sketches  of  them. 

2.  If  your  county  lay  in  Cherokee  land,  when 

was  it  ceded  to  Georgia? 

3.  Was  any  gold  ever  discovered  in  your  county? 

4.  Was  there  a government  mint  in  the  county? 

Describe  the  buildings,  if  still  standing. 

5.  Are  there  any  Cherokees  still  living  in  your 

county?  Describe  their  manner  of  life. 


CHAPTER  XVII 
SLAVERY 

The  Treatment  of  Slaves 

The  world  is  coming  to  understand  now  much 
better  than  formerly  the  true  condition  of  the  south- 
ern slaves.  For  a long  time  before  and  after  the 
War  between  the  States,  when  feeling  was  stirred 
up  to  a high  pitch,  great  injustice  was  done  to  the 
slaveholders  in  misrepresenting  their  attitude  to- 
ward and  treatment  of  their  servants.  Occasional 
acts  of  cruelty  to  slaves  that  came  to  the  knowledge 
of  people  outside  of  the  South  were  taken  as  typical, 
though  in  fact  they  were  unusual.  Slaveholders 
were  not  conscious  of  guilt  of  any  moral  offense 
in  owning  negroes  and  many  of  them  would  gladly 
have  emancipated  their  slaves,  had  they  not 
thought  the  negroes  would  be  in  a worse  condition 
as  freedmen  than  as  slaves.  Reverend  J.  O.  Andrew, 
of  Georgia,  may  be  mentioned  as  such  a slaveholder. 
He  became  a bishop  in  the  Methodist  Church  in 
1832,  the  church  at  that  time  not  having  divided 
into  northern  and  southern  branches.  Bishop  An- 
drew did  not  own  slaves  when  he  was  elected  bishop, 
nor  did  he  ever  purchase  any;  but  his  wife  inherited 
a number  of  negroes  and  in  this  way  the  Bishop 
became  a slaveholder.  In  1844  the  Methodist  Con- 
ference asked  Bishop  Andrew  either  to  resign  or 
give  up  his  slaves.  In  his  own  defense,  he  said: 


146 


History  of  Georgia 


147 


“Strange  as  it  may  seem  to  you,  brethren,  I am  a 
slaveholder  for  conscience’  sake.  I have  no  doubt 
that  my  wife  would,  without  a moment’s  hesitation, 
consent  to  the  manumission  of  those  slaves,  if  I 
thought  proper  to  ask  it.  But  how  am  I to  free 
them?  Some  of  them  are  too  old  to  work,  and 
are  an  expense  to  me,  and  some  are  little  children. 
Where  shall  I send  them?  But  perhaps  I shall  be 
permitted  to  keep  these  helpless  ones.  Many  of 
them  would  not  go.  I believe  the  providence  of  God 
has  thrown  these  creatures  into  my  hands  and  holds 
me  responsible  for  their  proper  treatment.”  These 
words  fairly  represent  the  attitude  of  the  majority 
of  slave  owners  in  Georgia. 

Rules  for  the  Control  of  Slaves 

We  have  not  only  the  testimony  of  many  living 
men  who  owned  slaves,  but  also  records  of  planta- 
tion owners  showing  the  care  that  was  used  in  look- 
ing after  the  welfare  of  the  negroes.  Where  the 
management  of  plantations  was  given  to  overseers, 
the  owners  took  great  pains  to  regulate  by  written 
directions  the  manner  in  which  the  authority  of  the 
overseer  was  to  be  used.  Strict  limits  were  set  to 
the  hours  of  work;  slaves  were  not  to  be  given  ex- 
cessive tasks,  nor  be  worked  on  Sunday  nor  in  the 
rain.  They  were  to  be  given  plenty  o.f  nourishing 
food  and  warm  clothing.  Whipping  of  slaves  for 
failure  to  do  their  work  or  for  other  offenses  was 
allowed,  but  directions  were  laid  down  as  to  the 
number  of  lashes  to  be  given  for  each  offense. 


148 


History  of  Georgia 


Slaves  were  given  the  right  to  appeal  to  the  owner, 
if  badly  treated  by  the  overseer. 

Coast  and  Upland 

The  rice  plantations  on  the  coast  were  low,  marshy 
and  unhealthy.  Few  owners  lived  on  their  planta- 
tions during  the  hot  weather,  and  the  overseer  was 
of  course  an  important  person.  In  this  section  the 
owners  were  particularly  careful  to  control  the  over- 
seers by  written  instructions,  hoping  in  this  way  to 
avoid  the  evils  of  not  living  on  their  estates. 
In  the  upcountry,  slaves  were  fewer  per  owner,  and 
the  planters  usually  lived  on  their  farms,  in  close 
contact  with  the  laborers.  The  result  was  that  con- 
ditions were  better  there.  Yet  we  sometimes  find 
the  most  conscientious  efforts  for  the  betterment  of 
the  slaves  on  the  coast,  as  in  the  case  of  the  Asso- 
ciation for  the  Religious  Instruction  of  the  Negroes, 
in  Liberty  County,  Georgia.  Reverend  C.  C.  Jones 
spent  his  life  in  missionary  work  among  the  coast 
negroes. 

Forces  Making  for  Good  Treatment 

The  treatment  of  slaves  depended  in  large  meas- 
ure on  the  character  of  the  individual  slaveholder. 
If  he  were  so  ignorant  and  brutal  as  not  to  know 
his  own  interest,  he  might  mistreat  his  slaves,  thus 
making  them  less  profitable  as  laborers.  Self-interest 
demanded  considerate  treatment.  Public  opinion 
was  also  a force  to  the  same  end.  Good  people  held 
in  contempt  the  owner  who  misused  his  servants. 


History  of  Georgia 


149 


These  forces  were  so  powerful  that  it  cannot  be 
doubted  that  the  slaves  were  in  no  worse  condition 
than  most  free  laborers  of  the  period.  Their  hours 
of  labor  were  no  longer  than  those' of  free  laborers 
of  the  north;  their  food  was  quite  sufficient  to  keep 
them  in  excellent  health;  and  their  clothes  and 
housing  were  as  good  as  those  of  any  other  working 
people. 

Moral  Sentiment  Against  Slavery 

At  the  time  when  negro  slaves  were  brought  to 
America  in  the  seventeenth  century,  and,  indeed 
throughout  the  eighteenth  century,  there  was  little 
moral  sentiment  against  slavery,  either  north  or 
south.  As  time  went  on,  however,  the  civilized 
world  came  to  regard  slavery  as  a relic  of  barbarism 
that  ought  not  to  be  longer  tolerated.  Many  south- 
erners sympathized  with  this  view  and  freed  their 
slaves.  But  to  the  vast  majority  of  southerners 
wholesale  emancipation  seemed  unwise,  unless  some 
arrangement  could  be  made  to  take  the  negroes  away 
from  the  United  States.  A plan  to  free  the  negroes 
and  colonize  them  in  Africa  was  actually  begun,  and 
a few  negroes  were  sent  to  Liberia  in  Africa.  The 
people  came  to  see,  however,  that  it  was  impossible 
to  move  a rapidly  growing  negro  population  and 
the  movement  was  given  up.  This  movement  for 
emancipation  and  removal  came  at  a time  when 
slavery  was  not  so  profitable,  and  no  doubt  the  idea 
that  slavery  was  failing  as  a system  of  labor  accounts 
in  part  for  the  willingness  of  many  people  to  free 


150 


History  of  Georgia 


their  negroes.  After  the  cotton  industry  began  we 
do  not  hear  so  much  about  freeing  the  slaves,  as 
from  that  time  on  slavery  was  believed  to  be  very 
profitable. 

Slaveholding  and  Non-Slaveholding  Families 

The  white  population  of  Georgia  in  1860  was 
591,550,  or  about  118,000  families.  Of  these  fam- 
ilies, 41,084  owned  slaves,  leaving  the  large  majority y 
77,000  families,  in  the  non-slaveholding  class.  Not 
all  the  slaveholders,  however,  were  planters.  There 
were  6,713  owners  who  possessed  only  one  slave 
each;  4,355  who  owned  two  each;  3,482  who  had 
three  each.  Such  slaveowners  usually  lived  in  towns 
and  kept  their  slaves  as  household  servants.  We 
may  take  the  possession  of  twenty  slaves  or  more 
as  placing  one  in  the  planter  class.  Of  such  slave- 
owners there  were  6,363.  The  possession  of  most 
of  the  slaves  by  so  few  owners  shows  the  system 
of  agriculture  that  prevailed  in  the  state  before  the 
war,  namely,  the  plantation  system. 

The  Cotton  Plantation 

Cotton  growing  was  well  suited  to  .slave  labor. 
Unlike  rice,  indigo  or  tobacco,  the  other  types  of 
farming  in  which  slave  labor  has  been  used  in  our 
country,  cotton  is  not  confined  to  a limited  area,  but 
can  be  produced  in  the  majority  of  counties  of  the 
state.  In  the  second  place,  cotton  growing  needs 
labor  nearly  all  the  year,  and  the  planter  did  not 
have  to  support  his  laborers  through  long  periods 


History  of  Georgia 


151 


of  idleness.  Again,  cotton  raising  is  a rather  simple 
process,  lending  itself  readily  to  routine  work,  for 
which  the  ignorant  slaves  were  best  suited.  The  use 
•A  expensive  machinery  was  not  necessary  and  most 
of  the  work  was  done  with  the  hoe  and  plow.  A 
fourth  consideration  was  that  in  cotton  growing  the 
slaves  could  be  used  as  a gang,  many  of  them  work- 
ing under  one  overseer,  so  as  to  economize  the  cost 
of  supervision.  It  was  more  economical  to  plant 
on  a large  scale  because  of  this  expense  of  hiring 
an  overseer.  These  reasons,  taken  together  with  the 
fortunate  invention  of  the  cotton  gin  in  1792,  account 
for  the  rapid  growth  of  cotton  planting. 

Invention  of  the  Cotton  Gin 

A hundred  and  fifty  years  ago  all  the  operations 
of  separating  the  seed  from  the  cotton  lint,  of 
spinning  the  thread,  and  weaving  the  thread  into 
cloth  had  to  be  done  by  hand.  English  mechanics 
in  the  middle  of  the  eighteenth  century  made  ma- 
chines to  do  the  spinning  and  weaving,  but  it 
was  left  to  an  American  to  invent  the  machine 
without  which  the  cotton  industry  on  a large  scale 
would  not  have  been  possible.  The  cotton  gin 
was  invented  by  Eli  Whitney,  who  was  born  in  Mas- 
sachusetts. Ele  had  graduated  from  Yale  and  was 
on  his  way  to  South  Carolina  to  take  a teaching  posi- 
tion, when  he  met  Mrs.  Nathanael  Greene,  widow 
of  the  great  Revolutionary  General.  Whitney  was 
invited  to  spend  a few  days  at  the  Greene  home,  near 
Savannah,  and  while  there  became  interested  in  the 


152 


History  of  Georgia 


talk  around  him  of  the  need  of  some  machine  to 
separate  the  seed  from  the  lint.  Being  of  a mechani- 
cal turn,  he  set  to  work  on  the  problem  and  in  a few 
days  produced  a machine.  This  was  the  first  practi- 
cal cotton  gin.  No  more  important  invention  has 
ever  been  made,  and  it  is  interesting  to  know  that 


the  machine  was  invented  on  Georgia  soil,  though 
not  by  a Georgian. 

The  Black  Belt 

In  northeast  Georgia  cotton  planting  on  a large 
scale  began  about  1800.  At  that  time  the  counties 
of  that  part  of  the  state,  such  as  Richmond,  Colum- 
bia, Lincoln,  and  Oglethorpe,  all  had  white  major- 
ities. But  as  the  cotton  business  grew,  the  number 
of  plantations  increased,  as  did  the  size  of  planta- 
tions and  the  number  of  slaves  on  each  one;  so  that 
in  a short  while  the  farms  of  the  small  owners  were 


Whitney’s  Cotton  Gin. 


History  of  Georgia 


153 


1 A comparison  of  the  map  on  page  154  with  this  map  shows 
that  during  the  past  fifty  years  the  main  black  belt  of  Georgia 
has  filled  out  considerably.  Nearly  all  of  the  counties  of  South- 
west Georgia  now  have  black  majorities,  while  a number  of 
former  white  counties  on  the  northern  border  of  the  belt  have 
changed  their  complexion,  notably  Henry,  Newton  and  Coweta. 
In  1860,  there  were  44  counties  with  black  majorities;  in  1910, 


154 


History  of  Georgia 


66.  In  the  area  covered  by  the  principal  black  belt  in  1910, 
the  negroes  were  60.8  per  cent  of  the  total  population ; in  the 
same  area  in  1860  they  were  55.9  per  cent.  There  has  been 
a tendency  for  negroes  to  congregate  in  communities  where  they 
outnumber  whites.  On  the  seaboard,  however,  the  negroes  are 
relatively  fewer  now  than  was  the  case  fifty  years  ago.  They 
were  60.2  per  cent  of  the  total  population  of  that  section  in  1860; 
and  in  1910,  58.5  per  cent. 


History  of  Georgia 


155 


bought  up  by  the  wealthy  planters  and  the  poorer 
white  people  moved-  westward  in  search  of  fresh 
and  cheap  land.  In  this  way  the  “white”  coun- 
ties became  “black.”  The  black  area  gradually 
moved  westward  and  southwestward,  as  the  cotton 
business  increased,  until  finally  a “black  belt”  was 
created,  occupying  the  counties  of  central  and  south- 
western Georgia.  The  map  shows  the  extent  of  this 
belt  in  1860.  On  the  seacoast  the  counties  had  been 
black  a long  time,  due  to  the  large  number  of  slaves 
used  on  the  rice  plantations. 

Cotton  Raising  a One  Crop  System 

The  profits  to  be  made  from  cotton  raising  during 
times  of  high  prices  were  large,  and  the  poor  quality 
of  the  labor  made  it  hard  to  diversify  the  farming; 
so  that  many  planters  left  off  trying  to  raise  enough 
foodstuffs.  This  evil  was  not  so  widespread  in 
Georgia  as  in  the  southwestern  states.  We  know 
that  many  of  the  best  planters  raised  practically 
everything  they  used.  But  there  were  many  others 
who  did  not,  and  all  during  the  ante-bellum  period 
Georgia  was  a heavy  buyer  of  western  meat,  corn, 
flour  and  forage,  just  as  she  is  at  the  present  time. 

Slow  Growth  of  Manufacturing 

Cotton  raising  was  so  popular  in  Georgia  and 
the  other  southern  states  that  nearly  everybody  who 
had  money  to  invest  put  it  in  land  and  slaves.  One 
bad  result  of  this  practice  was  that  no  money  was 
left  for  manufacturing  industries.  The  product  of 
Georgia  manufactories  in  1860  was  about  $17,000,- 


156 


History  of  Georgia 


An  Old  Time  Spinning  Wheel. 

From  Coman’s  “Industrial  History  of  the  United  States"  {Macmillan) . 

000,  small  in  comparison  with  that  of  other  states. 
Atlanta  now  has  manufacturing  industries  capital- 
ized at  three  times  as  much  as  had  the  entire  state 
in  1860. 

Cost  of  Slave  Labor 

It  is  generally  agreed  now  that  slave  labor  cost 
the  state  more  than  free  labor  would  have  cost, 
had  it  been  available.  This  is  partly  due  to  the 
fact  that  slaves  cost  large  sums  of  money,  able-bodied 
men  bringing  as  high  as  $1,800  in  1860.  The  in- 
terest on  that  sum  would  almost  hire  a free  laborer; 
and  in  addition  there  was  the  risk  of  the  slave’s 
death,  or  injury,  or  escape.  Furthermore,  the 


History  of  Georgia 


157 


negroes  were  totally  uneducated  and  could  not  use 
labor-saving  machinery  as  could  free  laborers.  An- 
other consideration  is  that  when  free  laborers  are 
hired,  the  employers  pay  for  services  actually  given, 
while  under  slavery  it  was  not  always  possible  to 
find  something  for  all  the  slaves  to  do.  One  slave- 
holder wrote:  “It  was  very  laborious  to  find  easy 

work  for  a large  body  of  inefficient  and  lazy  people, 
and  the  struggle  was  given  up  in  many  cases.  The 
different  departments  would  have  been  more  easily 
managed  if  there  had  been  fewer  to  work.” 

Effect  of  Slavery  and  Cotton  Culture  on  the  Soil 

The  devotion  to  cotton  planting  and  the  absence 
of  fertilizers  were  unfortunate  for  the  land.  Rota- 
tion of  crops  was  not  generally  practiced  and  little 
effort  was  made  to  care  for  the  soil.  When  the  land 
began  to  produce  less,  the  planters  pushed  on  west- 
ward with  their  slaves,  used  up  the  rich  top  soil 
and  soon  moved  again.  In  the  ante-bellum  account 
of  Middle  Georgia  written  by  a professor  in  a south- 
ern college,  we  find  the  following:  “In  some  of 

the  richer  counties,  nearly  all  the  lands  have  been 
cut  down  and  appropriated  to  tillage;  a large  maxi- 
mum of  which  have  been  worn  out,  leaving  a deso- 
late picture  for  the  traveler  to  behold.  Decaying 
tenements,  red  old  hills,  stripped  of  their  native 
growth  and  virgin  soil,  and  washed  into  deep  gul- 
lies, with  here  and  there  patches  of  Bermuda  grass 
and  stunted  pine  shrubs,  struggling  for  subsistence 
on  what  was  once  one  of  the  richest  soils  in  Amer- 


158 


History  of  Georgia 


ica."  The  State  is  now,  through  her  teachers  of 
agriculture,  trying  to  overcome  the  effects  of  this 
system  of  farming.  Rotation,  diversification,  and 
the  use  of  fertilizers,  cattle-raising,  dairy-farming, 
and  like  industries  are  revolutionizing  the  state. 

Effects  of  Slavery  on  Society 

As  has  already  been  said,  the  majority  of  Georgia 
families  owned  no  slaves.  The  large  planters  were 
a small  percentage  of  Georgia  farmers.  It  is  un- 
fair to  regard  the  non-slaveholders  as  “poor  white 
trash,”  as  many  people  have  done.  In  the  piney 
woods  and  living  about  on  the  outskirts  of  great 
plantations,  there  was,  it  is  true,  a class  of  people 
to  whom  the  phrase  might  be  applied.  But  in  the 
vast  areas  of  Georgia  outside  of  the  black  belt  there 
were  thousands  of  excellent  small  farmers,  frugal, 
thrifty  and  prosperous,  like  the  small  farmers  in  the 
north  and  west.  The  people  who  lived  in  the  moun- 
tains were  not  prosperous,  but  their  trouble  was 
that  there  was  no  way  to  get  their  products  to 
market. 

The  small  number  of  wealthy  planters  owned 
most  of  the  wealth  of  the  State  and  were  the  only 
class  that  enjoyed  educational  advantages.  They 
usually  controlled  politics  and  held  the  offices. 
They  were  by  no  means  an  idle  class.  Their  lives 
were  given  to  the  management  of  large  business 
enterprises,  for  such  was  a cotton  plantation,  and 
their  wives  were  even  busier,  having  on  themselves 
the  responsibility  of  looking  after  the  welfare  of 


History  of  Georgia 


159 


the  slaves,  tending  them  when  sick,  superintending 
the  making  of  their  clothes,  in  addition  to  managing 
homes  where  hospitality  was  lavish.  Mistresses  of 
southern  plantation  homes  were,  perhaps,  the  busiest 
people  in  the  community. 

Summary 

From  the  point  of  view  of  the  treatment  of  slaves, 
little  can  be  said  in  criticism  of  the  owners;  but 
when  we  look  at  slavery  as  it  affected  the  industrial 
welfare  of  the  South,  the  picture  is  less  cheerful. 
The  use  of  nearly  all  the  money  in  the  purchase  of 
slaves  and  land  prevented  the  growth  of  manufac- 
turing. Wholesale  cotton  planting  with  inefficient 
slave  labor  used  up  the  soil  too  rapidly.  Only  about 
one  family  in  three  owned  slaves;  but  the  slave- 
holders were  the  most  influential  class,  they  alone 
having  educational  and  social  advantages,  as  well 
as  monopolizing  the  political  offices.  Most  of  the 
slaves  were  used  in  cotton  growing  and  the  planta- 
tions lay  for  the  most  part  in  what  was  called  the 
Black  Belt. 

TOPICS  FOR  LOCAL  STUDY 

1.  How  many  slaves  were  in  your  county  in  1860? 

2.  Make  a tabular  statement,  showing  the  increase 

in  the  number  of  negroes  from  1790  to  1860. 

3.  Does  your  county  lie  in  the  Black  Belt?  If  so, 

are  there  as  many  white  people  in  the  county 
now  as  there  were  in  1800?  If  not,  how  do 
do  you  account  for  the  fact? 


CHAPTER  XVIII 


THE  EXTENSION  OF  SLAVERY 

Slavery  in  the  Original  States 

When  our  country  won  its  independence  from 
England,  its  size  was  small  in  comparison  with  the 
present  huge  dimensions,  as  you  can  see  by  referring 
to  the  accompanying  map.  There  were  only  thir- 
teen states.  Soon  after  the  Revolution  the  northern 
states  began  to  free  their  slaves,  because  slavery  was 
not  profitable  in  the  cold  climate  of  the  North; 
so  that  the  country  was  divided  into  twTo  distinct 
parts,  one  having  free  labor,  the  other  using  slaves. 
These  thirteen  states  regarded  themselves  as  separ- 
ate and  independent,  but  in  1789  entered  into  a 
union  for  their  common  benefit.  The  terms  of  the 
agreement  under  which  the  states  were  to  live  were 
put  into  a constitution,  prepared  by  delegates  to  a 
great  convention  that  met  in  Philadelphia,  and  later 
adopted  by  all  the  states.  There  was  some  conflict 
even  then  over  slavery,  but  certain  clauses  were  put 
into  the  constitution  which  were  always  regarded 
as  recognizing  the  legality  of  slavery  in  the  states. 
There  was  never  at  any  time  any  question  of  the 
right  of  the  people  of  a state  to  hold  slaves,  if  the 
majority  of  her  citizens  desired  them. 


160 


Territorial  Expansion  of  the  United  States  to  1860. 


History  of  Georgia 


161 


162 


History  of  Georgia 


Slavery  in  the  Territories 

After  the  adoption  of  the  constitution  the  United 
States  acquired  from  time  to  time  additional  lands 
to  the  west  of  the  original  area,  and  whenever  this 
occurred  there  arose  a dispute  between  the  free 
states  and  the  slave  states  over  the  question  whether 
or  not  slavery  should  be  allowed  in  the  new  territory. 
On  the  subject  of  slavery  in  the  territories  the  con- 
stitution was  silent,  there  being  only  one  clause  in 
it  bearing  on  the  territories,  in  which  clause  Con- 
gress is  given  general  control  over  them.  The  con- 
flict between  the  North  and  the  South  over  the  issue 
of  slavery  in  the  territories  became  at  times  so  seri- 
ous as  to  threaten  the  continuance  of  the  Union  and 
eventually  caused  the  War  between  the  States.  The 
disputes  were  usually  settled  by  compromise,  as  in 
1820  when  Missouri  was  admitted  as  a slave  state, 
but  slavery  was  prohibited  in  all  that  part  of  the 
Louisiana  Purchase  that  lay  to  the  north  of  Mis- 
souri’s southern  boundary,  the  parallel  36°  30'. 

The  Compromise  of  1850 

One  of  the  most  serious  conflicts  came  in  1850, 
as  a result  of  the  Mexican  War.  The  United  States 
had  obtained  from  Mexico  all  of  the  vast  territory 
shown  on  the  map  as  the  “Mexican  Cession.”  By 
that  time  the  statesmen  of  the  South  had  raised  the 
point  that  Congress  had  no  authority  to  decide 
whether  slavery  should  be  allowed  in  any  new 
territory.  They  thought  the  decision  should  be  left 
to  the  people  of  the  territory,  who  should,  however, 


History  of  Georgia 


163 


not  determine  the  matter  until  the  moment  of  the 
territory’s  entrance  as  a state  into  the  Union,  when 
the  state  constitution  should  say  whether  or  not  the 
state  wanted  free  or  slave  labor.  Many  western 
statesmen  also  thought  Congress  had  no  power  to 
decide  the  slavery  question.  They  held  that  the  peo- 
ple of  the  territory  were  the  proper  authority  to 
make  the  choice  and  that  they  should  do  so  at  any 
time  they  desired,  that  is  to  say,  they  did  not  have 
to  wait  until  admission  as  a state.  The  South  ob- 
jected to  this  idea,  known  as  “squatter  sovereignty,” 
because  if  the  first  few  people  who  migrated  to  a 
territory  were  given  the  power  to  exclude  or  admit 
slavery,  the  territory  would  be  sure  to  become  free, 
as  free  settlers  could  move  much  more  rapidly  than 
slaveholders  with  their  gangs  of  slaves. 

In  the  Compromise  of  1850  Congress  admitted  a 
part  of  the  Mexican  Cession  as  the  free  state  of 
California,  and  divided  the  rest  of  the  country  into 
two  territories  to  be  known  as  Utah  and  New  Mexico 
Territories,  and  left  the  slavery  question  for  de- 
cision by  the  people.  Thus  Congress  abandoned  its 
time-honored  practice  of  making  the  decision  on 
this  question. 

Kansas-Nebraska  Bill 

The  people  of  Georgia  and  of  the  country  gen- 
erally were  not  well  pleased  with  the  settlement  of 
1850.  Southern  leaders  wanted  California  divided 
into  two  parts,  one  of  which  should  permit  slavery. 
Leading  Georgia  statesmen,  however,  such  as  Robert 


164 


History  of  Georgia 


Toombs,  Howell  Cobb,1  and  Alexander  H.  Stephens, 
favored  the  Compromise,  as  it  seemed  to  end  the 
long  dispute  over  the  extension  of  slavery,  since  it 
was  unlikely  that  the  United  States  would  ever 
acquire  any  more  territory.  But  in  1854  the  slavery 
issue  was  reopened  by  Senator  Douglas,  of  Illinois, 
who  introduced  the  Kansas-Nebraska  Bill,  which 
called  for  the  creation  of  two  territories  to  include 
all  of  the  unorganized  part  of  the  Louisiana  Pur- 
chase north  of  Missouri’s  southern  boundary.  The 
important  thing  about  the  bill  was  that  it  asked  for 
the  repeal  of  the  Missouri  Compromise,  on  the 
ground  that  it  had  already  been  practically  repealed 
by  the  new  principle  of  squatter  sovereignty  of  the 
Compromise  of  1850.  Douglas’  bill  became  law. 

Organization  of  the  Republican  Party 

The  people  of  the  free  states  were  bitterly  opposed 
to  the  repeal  of  the  Missouri  Compromise;  so  much 
so  that  in  1856  a new  political  organization  was 
formed,  known  as  the  Republican  Party.  In  its 

1 Howell  Cobb  was  born  in  Jefferson  County,  Georgia,  in  1815. 
Nine  years  after  graduation  from  the  University  of  Georgia,  he 
entered  Congress  in  1843,  retaining  his  seat  until  1851.  He  was 
Speaker  of  the  House  in  1849.  In  1851  Cobb  was  elected 
Governor  of  Georgia,  and  after  two  years’  service,  was  returned 
to  Congress.  In  1856  he  was  appointed  Secretary  of  the  Trea- 
sury in  the  cabinet  of  President  Buchanan.  Cobb  had  always 
been  a strong  Unionist,  but  in  1860  he  entered  the  struggle  for 
secession  and  was  one  of  the  leaders  in  that  movement.  He 
became  a Major-General  in  the  Confederacy.  General  Cobb 
died  in  1868. 


History  of  Georgia 


165 


Howell  Cobb. 

From  an  engraving  lent  by  Mr.  A.  B.  Caldwell. 


166 


History  of  Georgia 


program  was  the  declaration  that  neither  Congress, 
a territorial  legislature  nor  any  other  power  had 
authority  “to  give  legal  existence  to  slavery  in  any 
territory  while  the  present  Constitution  shall  be 
maintained.”  Clearly  this  was  a sectional  party, 
whose  main  purpose  was  to  fight  the  South  in  the 
matter  of  the  extension  of  slavery.  In  the  presi- 
dential election  of  1856  the  Democratic  Party  was 
successful,  for  the  last  time  in  a generation.  The 
Republican  Party  polled  a heavy  vote  in  the  North 
and  Northeast. 


The  Dred  Scott  Decision,  1857 

In  1857  the  United  States  Supreme  Court  was 
called  upon  to  decide  the  famous  Dred  Scott  case. 
Dred  Scott  was  a slave.  His  master  was  a surgeon 
in  the  United  States  Army  and  had  taken  the  negro 
to  an  army  post  in.  Illinois  and  later  into  Minne- 
sota. He  then  moved  back  to  Missouri.  Dred 
Scott  then  sued  for  his  freedom,  because  his  master 
had  held  him  as  a slave  in  free  territory.  The  Court 
decided  that  Dred  Scott  was  a slave  and  therefore 
had  no  standing  in  the  court,  that  is,  had  no  right 
to  sue.  Furthermore,  the  Court  expressed  the  opin- 
ion that  the  Missouri  Compromise  was  unconstitu- 
tional. Idle  reasoning  was:  slaves  are  property,  the 
Constitution  guarantees  every  citizen  equal  enjoy- 
ment of  his  property,  and  hence  neither  Congress 
nor  a territorial  legislature  might  prevent  a man 
from  moving  to  a free  territory  and  taking  with 


History  of  Georgia 


167 


him  his  slave  property.  Furthermore,  it  was  the 
duty  of  Congress  to  protect  him  in  the  exercise  of 
his  right  to  hold  slaves  there.  Finally,  only  a state 
government  had  power  to  decide  the  slavery  issue. 

This  decision  made  it  impossible  for  the  North 
and  South  to  live  together  peaceably.  Slavery  had 
already  destroyed  most  of  the  nation-wide  organi- 
zations; we  are  now  to  see  how  it  divided  the  last 
one  of  the  political  parties. 

The  National  Political  Conventions  of  1860 

The  Democratic  Party  was  now  the  only  political 
organization  of  any  importance  that  had  Northern 
and  Southern  members.  In  1860  it  held  the  regu- 
lar convention  for  the  nomination  of  a President, 
at  Charleston,  S.  C.  The  Southern  members  of  the 
convention  tried  to  force  the  convention  to  approve 
the  Dred  Scott  decision,  which  said  that  slavery  must 
be  protected  in  the  territories  until  their  admission 
as  states.  But  the  Northern  delegates  would  not 
agree  to  this.  They  were  in  favor  of  squatter  sov- 
ereignty, namely,  that  the  people  of  the  territory 
were  the  proper  authority  to  determine  the  slavery 
question,  and  had  power  to  do  this  at  any  time.  As 
the  Northern  members  were  in  the  majority,  the 
Southerners  withdrew  from  the  convention.  This 
meant  the  splitting  up  of  the  Democratic  Party. 
The  Northern  members  later  nominated  Douglas 
for  the  Presidency,  and  Herschel  V.  Johnson,  of 
Georgia,  for  Vice-President.  The  Southern  wing 


168 


History  of  Georgia 


of  the  party  nominated  Breckinridge  of  Kentucky. 
A new  party  called  the  “Constitutional  Union  Party” 
was  formed,  with  the  hope  of  saving  the  Union. 
This  party  nominated  Bell,  of  Tennessee.  Mean- 
while the  Republican  Party  had  nominated  Abra- 
ham Lincoln,  of  Illinois. 

Election  of  1860 

In  the  election  that  followed  Lincoln  and  Douglas 
divided  the  North  between  them,  Lincoln  receiving 
by  far  the  larger  vote.  In  the  South  the  vote  was 
so  scattered  between  Douglas,  Breckinridge  and 
Bell  that  the  Southern  vote  was  practically  thrown 
away,  and  Lincoln  was  elected.  In  Georgia,  Breck- 
inridge received  the  largest  vote,  51,893;  Bell  got 
42,855,  and  Douglas  and  Johnson  only  11,580.  It 
will  be  noted  that  the  extreme  Southern  candidate, 
Breckinridge,  did  not  receive  a majority— the  mod- 
erates were  in  the  lead.  Alexander  H.  Stephens 
was  the  strongest  supporter  of  Douglas,  and  Ben- 
jamin H.  Hill  the  leading  Georgian  who  worked 
for  Bell.  Most  of  the  other  prominent  politicians 
were  for  Breckinridge. 

Summary 

Slavery  in  the  states  of  the  Union  was  not  a mat- 
ter over  which  anyone  claimed  that  Congress  had 
power;  but  it  was  widely  held  that  Congress  could 
determine  whether  territories  should  be  free  or  slave. 
Congress  actually  exercised  this  power  for  many 
years  and  the  disputes  between  the  North  and  South 


History  of  Georgia 


169 


over  slavery  in  the  territories  were  commonly  set- 
tled by  compromise,  a portion  of  the  new  country 
being  made  free,  a portion  slave.  Finally  the  South 
claimed  that  Congress  had  no  power  to  prevent  a 
slaveholder  from  holding  slaves  in  a • territory,  be- 
cause slaves  were  property  and  the  Constitution 
guaranteed  equal  protection  to  all  property.  This 
view  was  upheld  by  the  Supreme  Court  in  the  Dred 
Scott  case.  Disagreements  over  the  matter  of  slavery 
in  the  territories  gradually  estranged  the  North  and 
South,  and  the  Dred  Scott  decision  brought  about 
the  wreck  of  the  last  great  political  party,  and  the 
election  of  Lincoln.  In  Georgia,  Lincoln  received 
no  votes,  while  the  combined  vote  cast  for  the  two 
moderate  candidates  was  larger  than  that  cast  for 
the  radical  candidate,  Breckinridge. 


CHAPTER  XIX 


GEORGIA  SECEDES  FROM  THE  UNION 
The  Election  of  Lincoln 

When  the  Republican  Party  succeeded  in  1860  in 
electing  their  candidate,  the  Southern  states  deter- 
mined to  break  away  from  the  Union.  T his  purpose 
was  due  to  the  fact  that  the  United  States  govern- 
ment had  come  under  the  control  of  a sectional 
political  party,  whose  avowed  intention  was  to  dis- 
regard the  right  of  the  South,  as  expressed  in  the 
Dred  Scott  decision,  to  take  slaves  into  the  western 
territories.  The  Republican  Party  did  not  threaten 
to  abolish  slavery,  but  only  to  prevent  its  further 
extension.  Another  important  cause  of  enmity  was 
the  aid  given  by  the  Northern  people  to  escaping 
slaves,  despite  the  fact  that  the  law  gave  the  slave 
holder  every  right  to  their  recapture. 

Theory  of  Secession 

The  tide  of  sectional  hatred  was  so  strong  in 
1860  that  there  would  doubtless  have  been  a revolu- 
tionary attempt  to  destroy  the  Union,  even  if  there 
had  been  no  such  idea  as  secession;  but  the  Southern 
leaders  were  able  to  put  their  action  on  what  was 
held  to  be  a constitutional  right  to  withdraw  peace- 
ably from  the  Union.  The  idea  was  that  the  states 
had  voluntarily  entered  the  Union  with  the  right 


170 


History  of  Georgia 


171 


reserved  to  get  out  of  it  whenever  it  suited  them 
to  do  so,  and  that  this  was  not  necessarily  a warlike 
measure.  Many  Southerners  undoubtedly  voted  to 
secede  in  the  firm  belief  that  no  war  would  result: 
Earlier  in  the  history  of  the  country  the  right  of 
the  state  to  withdraw  peaceably  from  the  Union 
had  been  widely  held,  and  at  several  critical  moments 
threats  of  secession  had  been  made,  the  most  notable 
case  being  in  1814,  when  the  New  England  states 
had  held  a convention  at  Hartford,  Connecticut,  to 
discuss  secession  on  account  of  their  dislike  of  the 
War  of  1812. 

Nationalism  vs.  State  Rights 

But  since  that  time  the  “national”  idea  had  grown 
much  stronger  in  the  North.  People  had  come  to 
think  of  the  Pinion  as  permanent  and  “indissoluble” 
except  by  violent  revolution.  The  nationalism  of 
the  North  was  in  part  the  result  of  the  coming  of 
millions  of  immigrants  from  Europe  who  knew  noth- 
ing about  state  rights  and  were  determined  to  pre- 
vent the  destruction  of  the  Union;  and  in  part  to 
the  spread  of  railways  and  commercial  interests, 
which  tended  to  weld  the  North  together.  In  the 
South,  on  the  other  hand,  public  sentiment  had  not 
been  influenced  by  immigrants,  since  few  had  gone 
there,  and  industry  remained  agricultural  instead 
of  becoming  industrial.  Our  Southern  people  there- 
fore continued  to  think  of  the  Union  as  temporary 
and  of  states  as  the  sovereign  power.  The  result 
was  that  when  secession  occurred,  the  North  waged 


172 


History  of  Georgia 


war  on  the  seceding  states  to  force  them  to  remain 
in  or  return  to  the  Union,  not  primarily  to  destroy 
slavery.  Still,  the  long  struggle  over  slavery  exten- 
sion must  be  regarded  as  the  real  cause  of  the  war, 
since  had  this  cause  of  disagreement  not  existed 
there  would  have  been  no  secession  in  1860. 

Stephens  and  the  Union  Cause 

A number  of  leading  men  in  Georgia  were  not 
in  favor  of  secession,  among  them  Alexander  H. 
Stephens,1  Benjamin  H.  Hill,  Herschel  V.  Johnson, 
and  Dr.  Lovick  Pierce.  When  the  Georgia  legisla- 
ture met  in  November,  1860,  the  members  began 
at  once  to  discuss  secession.  Most  of  those  who  spoke 
favored  immediate  withdrawal  from  the  Union,  but 
Stephens  made  one  of  his  greatest  speeches,  directing 
his  argument  against  secession.  He  said  it  would 
put  the  South  in  the  wrong  to  secede  because  Lincoln 
had  been  elected,  since  his  election  was  entirely  legal. 
He  thought  the  South  ought  not  to  act  hastily,  but 
wait  and  see  whether  the  acts  of  the  Republican 


1 Alexander  H.  Stephens  was  a very  remarkable  man,  certainly 
one  of  the  greatest  our  State  has  produced.  His  body  was  very 
frail,  but  his  mind  exceedingly  strong.  He  was  a poor  boy,  but 
succeeded  in  getting  an  education,  being  graduated  with  first  honor 
from  the  University  of  Georgia,  in  1832.  He  entered  Congress 
in  1843  and  was  always  on  the  side  of  the  Union  when  sectional 
questions  were  being  discussed.  He  was  a powerful  advocate  of 
the  Compromise  of  1850.  He  became  Vice-President  of  the 
Confederate  States  and  was  elected  Governor  of  Georgia  in  1882. 
He  wrote  a number  of  books,  the  most  important  of  them  being 
his  constitutional  history  of  the  War  Between  the  States. 


History  of  Georgia 


173 


Alexander  Hamilton  Stephens. 
From  an  engraving  lent  by  Mr.  A.  B.  Caldwell. 


174 


History  of  Georgia 


Party  would  be  such  as  to  hurt  the  South.  Stephens 
did  not  believe  anything  harmful  to  Southern  inter- 
ests would  be  done,  basing  his  belief  on  the  fact  that 
in  both  houses  of  Congress  the  majority  of  the  mem- 
bers were  not  Republicans.  He  expressed  himself 
as  willing  to  secede  if  it  became  clear  that  the  North 
intended  to  treat  the  South  unfairly.  He  closed  by 
urging  that  a special  election  be  held  to  see  what 
was  the  will  of  Georgia  on  the  subject. 

The  Secession  Convention,  1861 

Adopting  Stephens’  suggestion,  a call  was  issued 
for  the  election  of  members  to  a state  convention. 
Robert  Toombs1  was  the  most  powerful  advocate  of 
immediate  secession.  Other  leading  secessionists 
were  Howell  Cobb,  Thomas  R.  R.  Cobb,  Joseph  E. 
Brown,  Francis  S.  Bartow  and  Eugenius  A.  Nisbet. 
The  total  vote  in  the  election  of  delegates  was  87,366. 
Of  this  number.  50,243  were  for  secession;  37,123 
against  secession.  The  map  shows  the  strongholds 


1 Robert  Toombs  was  born  in  Wilkes  County,  in  1810.  He  was 
a student  but  not  a graduate  of  the  University  of  Georgia,  and 
later  attended  the  University  of  Virginia.  He  entered  Congress 
in  1844  as  a Whig.  He  was  a great  orator  and  was  a strong 
upholder  of  southern  rights.  He  joined  with  Stephens  and  Cobb 
in  advocating  the  Compromise  of  1850,  hoping  thereby  to  save 
the  Union.  He  became  a United  States  Senator  in  1853.  Dur- 
ing the  war  Toombs  became  a Brigadier  General,  but  did  not 
remain  long  in  service.  After  the  war  be  fled  to  Cuba,  England 
and  France,  but  later  returned  to  Georgia  and  took  up  again  his 
profession  as  lawyer  and  planter.  He  was  a man  of  commanding 
personality  and  appearance,  a born  leader  of  men. 


History  of  Georgia 


175 


Robert  Toombs. 

From,  an  engraving  lent  by  Mr.  A.  B.  Caldwell. 


176 


History  of  Georgia 


Votes  of  Delegates  in  the  Secession  Convention,  Traced  to  the  Coun- 
ties Which  They  Represented.  Shaded  Counties  for  Secession; 
White,  Against;  Those  Marked  X Divided  Their  Vote. 

Adapted  from  Phillips,  U.  B.,  “Georgia  and  State  Rights.” 


of  the  secessionist  and  the  unionist  feeling.  The 
cities  and  the  plantation  areas  were  for  secession, 
the  mountainous  district  and  the  small  farmer  ele- 
ment of  southeast  Georgia  were  for  the  Union.  In 


History  of  Georgia 


111 


several  instances  strong  unionist  orators  carried  parts 
of  even  the  black  belt.  The  convention  met  in  Jan- 
uary, 1861.  Judge  Nisbet  introduced  a resolution 
in  favor  of  immediate  secession  on  January  18.  This 
resolution  was  carried  by  166  votes  to  130.  A com- 
mittee was  appointed  to  draw  up  a Secession  Ordi- 
nance. Judge  Nisbet  was  made  chairman  and  wrote 
the  Ordinance.1  This  was  adopted  by  a vote  of  208 
to  89,  many  opponents  of  immediate  secession  voting 
for  the  measure,  since  it  was  sure  to  be  adopted.  The 
delegates  did  not  differ  so  much  on  the  right  to 
secede  as  on  the  wisdom  of  immediate  secession. 

The  Montgomery  Convention,  February,  1861 

As  soon  as  the  ordinance  had  passed,  all  Geor- 
gians united  in  support  of  secession.  A convention 
of  delegates  of  the  seven  states  that  had  seceded  was 
held  in  Montgomery,  Alabama,  in  February,  1861. 
Georgia  sent  ten  delegates,  among  them  being  Ste- 
phens, Toombs,  the  two  Cobbs,  Bartow,  Nisbet,  and 
Hill.  Howell  Cobb  was  made  presiding  officer  or 
chairman  of  the  convention.  It  was  thought  that 
the  presidency  of  the  Confederacy  would  be  given 
to  a Georgia  man,  but  the  delegates  were  unable  to 
■agree  on  a Georgian.  Jefferson  Davis  was  made 
President  and  Alexander  H.  Stephens  Vice-Presi- 
dent. Toombs  became  Secretary  of  State,  but  re- 


1 The  ordinance  of  Secession  repealed  the  act  of  the  State 
Convention  of  1788,  adopting  the  Constitution  of  the  United 
States. 


178 


History  of  Georgia 


signed  to  take  a place  in  the  army.  Thomas  R.  R. 
Cobb  played  an  important  part  as  member  of  the 
committee  that  drew  up  the  constitution  of  the  Con- 
federate States. 

Summary 

The  people  of  the  United  States  had  been  accus- 
tomed to  threats  of  secession  throughout  the  history 
of  the  Union.  Secession  was  held  in  the  South  to 
be  a peaceable  method  of  withdrawing  from  the 
Union.  The  North,  however,  did  not  accept  this 
doctrine  and  fought  the  South  to  compel  her  to  re- 
turn to  the  Union.  Georgia  was  reluctant  to  with- 
draw, as  is  indicated  by  the  large  vote  cast  against 
secession  in  the  election  of  the  convention  of  1860 
and  by  the  test  vote  in  the  convention  itself.  Ste- 
phens was  the  leader  of  this  element.  Georgians 
played  a prominent  part  in  the  establishment  of  the 
new  government,  Howell  Cobb  acting  as  chairman 
of  the  Montgomery  Convention. 


CHAPTER  XX 


A HALF  CENTURY  OF  PROGRESS,  1810-1860 
Population 

The  fifty  years  preceding  the  War  between  the 
States  were  years  of  great  progress  in  Georgia. 
During  that  time,  the  Indians  were  removed,  and 
the  entire  region  of  North  and  Middle  Georgia  was 
settled.  The  population  of  the  state  increased  from 
252,433  in  1810  to  1,057,286  in  1860.  Negroes  were 
44  per  cent,  of  the  total  population  at  the  latter  date. 
Most  of  the  negroes  were  owned  by  planters  in  the 
Black  Belt.  Non-slaveholders  were  not  numerous 
in  the  Black  Belt.  They  lived  principally  in  the 
upper  Piedmont  north  of  the  Black  Belt  and  in  the 
pine  barrens  of  South  Georgia. 

Agriculture 

In  1810  Georgia  was  a state  of  small  farms,  except 
on  the  coast,  where  many  large  rice  plantations  were 
to  be  found.  During  the  next  fifty  years  cotton 
planting  became  the  leading  industry.  The  total 
number  of  farms  in  1860  was  62,003;  their  average 
size  was  430  acres.  While  cotton  planting  was  the 
principal  business,  it  must  not  be  supposed  that 
Georgia  produced  nothing  else.  In  addition  to 
her  700,000  bales  of  cotton  (83  per  cent,  of  which 


179 


180 


History  of  Georgia 


was  grown  in  the  Black  Belt),  Georgia  raised 
2,544,913  bushels  of  wheat,  30,776,293  bushels  of 
corn,  and  quantities  of  dairy  products,  forage  crops, 
and  vegetables.  More  than  ten  million  dollars’ 
worth  of  animals  were  slaughtered  for  food.  Fur- 
thermore, Georgia  raised  about  one-third  of  all  the 
rice  grown  in  the  United  States. 

Manufacturing 

As  most  of  the  ready  money  of  the  state  was  in- 
vested in  lands  and  slaves,  and  as  there  were  verv 
few  white  laborers  to  be  hired,  it  was  hard  for 
the  state  to  get  a start  in  manufacturing.  But  in 
spite  of  the  difficulties,  cotton  and  woolen  mills  and 
iron  works  were  set  up  as  early  as  1829.  In  1860 
there  were  33  cotton  mills  in  the  state,  turning  out 
an  annual  product  of  more  than  two  million  dollars. 
Georgia  ranked  first  among  the  Southern  states  in 
this  line  of  manufacture.  Georgia  ranked  second 
in  woolen  mills,  Virginia  being  the  leading  Southern 
state.  In  addition  there  were  factories  and  mills 
making  shoes,  hats,  carriages,  wagons,  leather,  flour, 
turpentine,  and  many  other  things.  The  stagnation 
of  Southern  industry  has  been  exaggerated;  and  yet 
we  were  far  behind  the  North. 

Travel  and  Transportation  Before  the  Era  of  Railroads 

As  soon  as  the  cotton  industry  began  to  change 
Aliddle  Georgia  from  a wilderness  to  a great  cotton- 
growing country,  better  means  of  transportation  be- 
came a serious  problem.  The  Piedmont  region  is 


History  of  Georgia 


181 


peculiarly  situated.  Macon,  on  its  southern  edge, 
is  nearly  two  hundred  miles  from  the  coast,  and 
between  the  Piedmont  and  the  coast  lay  the  vast 
undeveloped  pine  region  of  southeast  Georgia.  The 
problem  was  to  get  cotton  to  the  coast  and  supplies 
from  the  coast  to  the  interior.  On  the  north  lay 
the  mountainous  section,  wholly  undeveloped  and 
without  any  sort  of  transportation.  As  has  been 
said,  the  Piedmont  is  a hilly  country,  in  which  the 
streams  are  rapid  and  unnavigable  above  the  fall 
line.  Under  these  conditions  there  was  only  one 
way  out  of  the  difficulty,  namely,  the  building  of 
towns  at  the  “heads  of  navigation,”  or  the  points 
at  which  the  streams  become  smooth  enough  for 
boats.  Hence  the  importance  of  Augusta,  Macon, 
Milledgeville,  and  Columbus.  At  these  places  mer- 
chants opened  stores  and  city  life  grew.  Rough 
country  roads  led  into  the  agricultural  regions  about. 
In  the  fall  the  cotton  planters  hauled  their  cotton 
to  the  towns,  sold  it,  and  obtained  their  supplies. 


River  Transportation:  Pole  Boats 

From  Augusta  and  the  other  fall  line  towns  regu- 
lar lines  of  flatboats  were  employed  in  floating  the 
cotton  to  the  coast.  Augusta  sent  her  cotton  directly 
to  Savannah;  from  Macon  and  Milledgeville  the 
cotton  went  to  Darien  and  thence  to  Savannah. 
From  Columbus  the  boats  went  to  a gulf  port.  The 
flatboats  carried  about  five  hundred  bags  of  cotton. 
The  return  trip  was  very  slow  and  painful,  as  the 


182 


History  of  Georgia 


boats  had  to  be  pushed  upstream  by  poles.  Gangs 
of  slaves  were  employed  in  this  work,  and  about 
ten  miles  per  day  was  all  that  could  be  made  by  a 
crew  of  fifteen  to  twenty  negroes.  Augusta  was  by 
far  the  most  important  of  the  inland  markets,  hand- 
ling the  cotton  of  most  of  Georgia  east  of  the  Oconee, 
as  well  as  that  of  western  South  Carolina. 

Steamboats 

A number  of  American  inventors  experimented 
with  steam  in  moving  boats,  among  them  William 
Longstreet,  of  Georgia;  but  it  was  left  to  Robert 
Fulton  to  invent  the  first  practical  steamboat.  With- 
in ten  years  after  this  event  (1807),  steamboats  were 
in  use  on  the  Georgia  rivers.  The  first  steamer  to 
appear  was  owned  by  a Mr.  Howard,  of  Savannah, 
who  began  the  river  service  in  1816.  A Savannah 
paper  in  that  year  contained  the  following  notice  of 
the  opening  of  steamboat  navigation  on  the  Savan- 
nah River: 

“The  steamboat  Enterprise,  with  a numer- 
ous concourse  of  citizens  on  board,  started  from 
Howard’s  wharf  yesterday  morning  at  twelve 
o’clock  on  a party  of  pleasure.  She  moved 
beautifully  through  'the  water,  and  was  cer- 
tainly an  interesting  curiosity  to  those  who  have 
not  seen  steam  vessels  elsewhere.  To  behold 
a large  and  apparently  unwieldy  machine,  with- 
out oars  or  sails,  propelled  through  the  element 
by  an  invisible  agency  at  a rate  of  four  miles 
an  hour,  is  indeed  a novel  spectacle.” 


History  of  Georgia 


183 


Steamboats,  of  course,  greatly  helped  trade,  as 
they  made  travel  upstream  so  much  easier.  The 
boats  carried  from  800  to  1,000  bales  of  cotton,  be- 
sides passengers.  The  time  of  greatest  steamboat 
activity  was  in  the  twenties,  when  from  ten  to  fifteen 
boats  were  engaged  in  the  Savannah-Augusta  trade. 

Stage  Coaches 

Early  in  the  nineteenth  century  there  was  a net- 
work of  dirt  roads  over  Georgia,  connecting  the 
principal  towns.  Regular  schedules  were  published 
in  the  newspapers.  The  vehicles  were  large  en- 
closed carriages  called  stage  coaches,  drawn  by  four 
horses.  The  center  of  the  system  of  roads  was  Mill- 
edgeville,  the  capital.  From  that  town  to  Augusta 
there  was  a daily  coach,  the  fare  being  ten  dollars. 
The  same  charge  was  made  from  Milledgeville  to 
Columbus.  The  roads  were  kept  up  by  county 
authorities,  though  at  one  time  the  state  worked  a 
large  force  of  slaves  under  a superintendent  in  mak- 
ing and  improving  roads. 

Railroads 

The  slow  methods  of  travel  and  transportation 
were,  of  course,  expensive  and  inconvenient,  and 
everyone  hailed  with  delight  the  coming  of  railroads. 
As  early  as  1831  the  people  of  Georgia  began  to 
show  interest  in  the  new  form  of  transportation,  a 
railroad  convention  being  held  in  that  year  in  Eaton- 
ton.  The  earliest  railroads  to  be  constructed  in 
Georgia  were  the  Georgia  Railroad,  the  Central  of 
Georgia,  and  the  Western  and  Atlantic. 


184 


History  of  Georgia 


The  Georgia  Railroad  and  Banking  Company 

The  plans  that  resulted  in  the  building  of  the 
Georgia  Railroad  originated  in  Athens.  The  idea 
was  to  connect  with  the  Charleston  and  Hamburg 
Railroad,  which  had  been  completed  in  1833  from 
Charleston  to  Augusta,  Georgia.  A company  was 
formed  and  a charter  obtained  in  1833,  the  capital 
being  one  and  a half  million  dollars.  By  1837 


An  Early  Railroad  Train. 

From  Coman,  “Industrial  History  of  the  United  States.” 


forty-two  miles  of  track  had  been  laid  westward 
from  Augusta.  The  stage  coaches  were  used  to 
piece  out  the  railroad.  Passengers  would  leave 
Augusta,  go  as  far  as  the  rails  extended,  and  then 
transfer  to  the  four-horse  coaches  for  the  rest  of  the 
journey  to  Athens,  Greensboro,  Gainesville,  and 
other  places.  The  line  was  completed  to  Greensboro 
in  1838  and  to  Madison  and  Athens  in  1841. 

Central  of  Georgia  Railroad 

The  Central  of  Georgia  was  mainly  a Savannah 
enterprise.  Savannah  began  to  fear  that  the  Augusta 
railroad  would  result  in  most  of  the  profitable  trade 


History  of  Georgia 


185 


John  McPherson  Berrien. 

From  an  engraving  lent  by  Mr.  IF.  J.  DeRemie. 

from  that  point  going  to  Charleston.  In  1833  a 
committee  of  Savannah  citizens,  of  which  John  Mc- 
Pherson Berrien1  was  chairman,  took  up  the  matter. 

1John  McPherson  Berrien  was  born  in  New  Jersey  in  1781 
and  was  brought  by  his  parents  to  Georgia  during  his  infancy. 
Berrien  was  graduated  from  Princeton  University  at  fifteen  and 
was  admitted  to  the  bar  in  Savannah  at  eighteen.  He  became 
U.  S.  Senator  in  1825.  His  unusual  oratorical  power  won  for 
him  the  name  “the  American  Cicero.”  President  Jackson  ap- 
pointed him  Attorney-General  of  the  United  States;  but  after 
two  years  Berrien  resigned.  Berrien  then  became  a member  of 
the  new  Whig  party  and  nine  years  later  re  entered  the  Senate 
as  a Whig.  He  resigned  in  1852,  and  died  in  1856. 


186 


History  of  Georgia 


A charter  was  obtained  in  1833,  authorizing  the 
building  of  a road  to  Macon.  This  road  was  a tre- 
mendous undertaking,  as  it  was  necessary  to  bridge 
over  a vast  infertile  and  sparsely  settled  country, 
from  which  no  business  could  be  expected,  before 
the  rich  Piedmont  was  reached.  By  May,  1838, 
sixty-seven  miles  of  track  had  been  completed. 
Macon  was  reached  in  1843.  The  road  was  190 
miles  long,  one  of  the  longest  in  the  world  at  that 
time.  The  total  cost  was  $2,500,000.  From  Macor, 
branch  lines  soon  ran  out  to  tap  the  rich  agricul- 
tural regions  of  Middle  and  Southwest  Georgia. 

Che  Western  and  Atlantic 

The  Western  and  Atlantic  Railroad  was  built  by 
'.he  State  of  Georgia  and  is  still  a state-owned  road. 
The  project  had  its  birth  in  a scheme  to  connect 
Georgia  with  the  great  West,  as  the  name  implies. 
The  idea  was  to  extend  the  Central  from  Macon 
and  the  Georgia  Railroad  from  Union  Point  to 
meet  at  a point  on  the  Chattahoochee  River,  the 
present  site  of  Atlanta,  and  thence  run  the  new  road 
to,  Chattanooga  on  the  Tennessee  River.  In  this  way 
it  was  hoped  that  Georgia  would  get  part  of  the 
traffic  of  the  West,  which  at  that  time  had  not  been 
definitely  turned  to  northern  cities.  The  actual 
work  of  construction  was  begun  in  1839  and  com- 
pleted in  1851.  The  road  is  138  miles  long.  The 
extensions  of  the  Georgia  and  the  Central  were 
completed  in  1845. 


History  of  Georgia 


187 


The  growth  of  railroads  in  Georgia  was  far  more 
rapid  than  in  most  Southern  states.  When  these 
three  main  lines  had  been  built,  branches  were  soon 
run  out  to  the  principal  towns  in  every  direction. 


History  of  Georgia 


The  accompanying  map  shows  the  railroad  system 
of  Georgia  as  it  was  in  1860. 

Summary 

Between  1810  and  1860  Georgia  enjoyed  great 
prosperity  and  growth.  The  population  increased 
very  rapidly.  Cotton  raising  was  the  leading  inter- 
est, but  large  crops  of  foodstuffs  were  raised.  Manu- 
facturing was  in  a backward  state,  due  to  the  lack 
of  money  and  laborers,  and  yet  there  were  numerous 
manufactories  in  the  state,  the  most  important  of 
which  were  the  cotton  mills.  There  have  been  three 
periods  of  transportation,  the  flatboat  era,  the  steam- 
boat era,  and  the  railroad  period.  The  three  leading 
railroads  were  the  Georgia,  the  Central  of  Georgia, 
and  the  Western  and  Atlantic. 

QUESTIONS  FOR  LOCAL  STUDY 

1.  Learn  from  the  older  people  of  the  county  any 

interesting  facts  they  may  know  about  travel 
before  the  days  of  the  railroads. 

2.  If  your  county  lay  on  the  line  of  any  of  the  early 

railroads,  ask  older  citizens  how  the  railroads 
were  regarded.  If  they  objected  to  railroads, 
what  was  the  reason?  Why  was  the  depot 
usually  located  at  a distance  from  the  town? 
What  were  the  passenger  rates  at  first? 


CHAPTER  XXI 


EDUCATION  IN  ANTE-BELLUM  GEORGIA 
The  Academy 

Georgia  made  less  progress  in  education  than  in 
other  respects  during  the  first  half  of  the  nineteenth 
century.  There  was  no  general  system  of  free  pub- 
lic schools  before  the  War  between  the  States.  The 
first  constitution  of  Georgia  directed  that  free  schools 
be  established  in  every  county.  This  mandate  was 
carried  out  by  setting  aside  wild  or  unoccupied 
lands  in  every  county  to  be  used  for  the  partial  sup- 
port of  academies.  These  academies  gave  instruc- 
tion in  the  higher  branches,  such  as  Latin,  Greek 
and  Mathematics,  besides  the  usual  elementary  sub- 
jects. Some  of  these  academies  were  excellent. 
Many  of  our  greatest  men  received  their  sole  edu- 
cation in  them  and  their  attainments  indicate  the 
character  of  the  teaching.  Other  academies  were 
poor.  There  were  in  all  about  two  hundred  acad- 
emies in  1860,  generally  located  in  towns. 

Old  Field  Schools 

The  academies,  of  course,  did  not  meet  the  needs 
of  the  people  living  in  the  open  country.  For  them 
elementary  schools  were  provided,  known  as  “old 
field  schools.”  Richard  Malcolm  Johnston,  a fam- 


189 


190 


History  of  Georgia 


ous  Georgia  novelist,  has  left  interesting  accounts 
of  these  schools,  one  of  which  he  attended  when  a 
boy.  According  to  him,  the  school-house  was  usually 
a one-room  log  cabin,  with  a single  door,  two  win- 
dows, and  hard  benches  for  seats.  School  began 
early  and  lasted  all  day,  with  two  hours  in  the  mid- 
dle of  the  day  for  dinner  and  play.  Spelling,  read- 
ing, writing,  and  arithmetic,  with  a little  geography, 
made  up  the  course  of  study.  The  pupils  studied 
aloud,  silence  being  taken  to  mean  idleness.  Prac- 
tice in  speaking  was  regular,  pupils  being  required 
to  commit  to  memory  famous  orations  and  pieces  of 
poetry.  There  was  no  state  supervision  of  these 
schools,  the  teachers  had  to  measure  up  to  no  stand- 
ard, there  being  no  examination.  They  were  paid 
no  salary  by  the  state,  but  had  to  depend  on  col- 
lecting fees  from  their  patrons.  Teaching  naturally 
did  not  attract  a good  class  of  men,  and  it  seems 
that  many  of  them  were  nearly  as  ignorant  as  their 
pupils.  They  were  often  lazy,  worthless  men,  who 
had  failed  to  make  a living  in  any  other  way. 

The  Poor  School  Fund 

Children  whose  parents  were  too  poor  to  pay  the 
tuition  charged  in  the  old  field  schools  might  take 
advantage  of  a “poor  school  fund,”  provided  by 
the  legislature  in  1817.  This  fund  was  very  small, 
being  only  the  interest  on  $250,000,  which  was  to 
be  divided  among  all  the  counties  of  the  state  in 
proportion  to  their  white  population.  To  supple- 


History  of  Georgia 


191 


ment  this  fund,  a law  was  passed  in  1843  permitting 
the  county  courts  to  levy  a local  tax  for  the  educa- 
tion of  the  poor.  But  the  law  was  badly  adminis- 
tered and  the  poor  slow  to  take  advantage  of  this 
aid.  It  was  felt  to  be  disgraceful  to  accept  aid  from 
the  state  for  educational  purposes.  Only  a few  more 
than  a fourth  of  the  poor  children  got  any  help  from 
the  poor  school  fund.  The  result  was  that  in  1860 
illiteracy  was  widespread  in  Georgia. 

Manual  Labor  Schools 

An  interesting  experiment  was  begun  in  1833  with 
the  establishment  near  Greensboro  of  a manual  labor 
school,  under  the  control  of  the  Baptists  of  Georgia. 
It  was  intended  to  teach  practical  agriculture  and 
mechanical  subjects.  A similar  school  was  opened 
by  the  Presbyterians  near  Athens  in  1833,  but  was 
moved  to  Gwinnett  County.  Two  other  manual 
labor  schools  were  set  up,  one  under  Presbyterian 
control  at  Midway,  near  Milledgeville ; the  other 
at  Covington  under  Methodist  control.  Both  were 
established  in  1835.  The  Methodist  school  seems 
to  have  been  the  only  one  of  the  manual  labor  in- 
stitutions that  grew  into  a position  of  importance. 
An  account  of  the  school  written  in  1837  says  that 
it  had  120  students,  including  76  boarders;  five 
teachers,  and  an  equipment  consisting  of  12  student 
houses,  homes  for  the  teachers,  and  other  buildings, 
worth  altogether  $14,000.  The  trustees  also  owned 
2,000  acres  of  land  and  a considerable  amount  of 
livestock. 


192 


History  of  Georgia 


Higher  Education:  University  of  Georgia 

Georgia  was  well  provided  by  1860  with  colleges 
for  both  men  and  women.  They  were  all  small  in- 


Mercer  University,  Main  Building. 

stitutions,  as  compared  with  those  of  the  present 
day,  partly  because  education  in  the  lower  or  pre- 
paratory stage  was  inadequate.  The  first  of  the 


History  of  Georgia 


193 


colleges  was  the  University  of  Georgia.  Its  charter 
dates  back  to  1784,  but  the  first  building  was  erected 
at  the  beginning  of  the  new  century,  and  the  insti- 
tution opened  in  1801.  Like  all  colleges  of  the  time 
the  teaching  was  limited  to  the  classical  languages, 
mathematics,  and  some  philosophy.  In  1860  the 
faculty  numbered  nine  members  and  the  total  enroll- 
ment was  1 19. 

Denominational  Colleges 

The  Methodists  were  the  first  to  establish  a de- 
nominational college.  Emory  College  grew  out  of 
the  manual  labor  school  near  Covington,  and  opened 
its  doors  to  students  in  1838.1  The  Presbyterians 
established  Oglethorpe  University,  at  Midway,  in 
1838.  This  institution  closed  when  the  War  broke 
out  and  has  only  recently  been  reestablished  in 
Atlanta.  Mercer  University  is  a Baptist  institution, 
named  for  a famous  preacher  of  that  denomination, 
named  Jesse  Mercer.  It  opened  in  1839.  Both 
Oglethorpe  and  Mercer  were  developments  from  the 
manual  labor  schools  of  their  denominations.  There 
were  seven  or  eight  women’s  colleges,  the  most  im- 
portant of  which  was  Wesleyan  Female  College,  at 
Macon,  which  dates  from  1839. 

Summary 

There  was  no  system  of  free  public  schools  in 

1 Emory  College  has  recently  become  Emory  University  and 
will  be  located  in  Atlanta.  The  present  plant  at  Oxford  will 
be  used  for  a preparatory  school. 


194 


History  of  Georgia 


Emory  College,  Seney  Hall. 


History  of  Georgia 


195 


Georgia  before  1860.  In  the  towns  there  were  par- 
tially state-supported  academies,  which  offered  in- 
struction in  the . classical  languages  as  well  as  the 
elementary  studies.  In  the  country  districts  there 
were  the  old  field  schools,  generally  taught  in  tum- 
ble-down log  cabins  by  an  ignorant  class  of  men, 
subject  to  no  state  supervision.  In  the  thirties  an 
effort  was  made  to  introduce  the  “vocational”  idea 
into  the  elementary  schools  and  four  such  institu- 
tions were  established.  These  schools,  however, 
grew  into  colleges  and' discontinued  the  manual  labor 
feature.  The  earliest  colleges  in  Georgia  were  the 
University,  Emory,  Mercer  and  Oglethorpe,  and 
Wesleyan  Female  College. 

QUESTIONS  FOR  LOCAL  STUDY 

1.  Obtain  from  your  grandfather  an  account  of  the 
old-time  academy  or  field  school  he  attended; 
what  studies  he  had;  names  of  the  teachers; 
description  of  the  building,  etc. 


CHAPTER  XXII 


GEORGIA  IN  THE  WAR  BETWEEN  THE  STATES 

The  South  on  the  Defensive 

The  South  fought  on  the  defensive  almost  through- 
out'the  War  between  the  States;  but  her  advantage 
in  this  respect  was  more  than. offset  bv  the  fact  that 
the  Xorth  was  much  stronger  in  men  and  wealth. 
The  Xorth  grew  greater  and  stronger  with  every 
year  of  the  struggle,  but  the  South  drained  herself 
of  almost  the  last  man  and  the  last  dollar  to  continue 
the  war. 

General  Plan  of  the  War 

In  the  east  the  Federal  armies  were  directed 
against  Richmond,  the  capital  of  the  Confederacy. 
Many  great  battles  were  fought  on  Virginia  soil. 
These  were  usually  victories  for  the  Southern  armies 
under  Lee  and  Jackson.  Among  the  Georgians  who 
attained  high  rank  in  the  east  were  Lieutenant- 
General  Tames  L.  Longstreet,  Lieutenant-General 
Tohn  B.  Gordon,  and  Brigadier-Generals  T.  R.  R. 
Cobb  and  Francis  S.  Bartow. 

In  the  west  the  Federal  generals  pushed  down 
the  vallevs  of  the  Ohio  and  Mississippi  Rivers  and 
up  the  vallevs  of  the  Tennessee  and  Cumberland, 
driving  a wedge  into  the  heart  of  the  South  and 

. 196 


History  of  Georgia 


19  7 


dividing  her  territory  into  two  parts.  Federal  gun- 
boats acted  with  the  armies  in  taking  the  river  towns 
and  forts.  It  was  slow  work,  as  the  resistance  of 
the  South  was  heroic.  Among  the  Georgians  who 
rose  to  high  rank  may  be  mentioned  Major-General 
Joseph  Wheeler  and  Major-General  W.  H.  T. 
Walker.  General  A.  R.  Lawton  was  made  quarter- 
master-general of  the  Confederacy  in  1863. 


War  Reaches  Georgia 

It  was  near  the  clo'se  of  the  war  before  invasion 
reached  Georgia.  Sherman’s  march  to  the  sea  was 
practically  the  only  movement  in  the  state,  including 
in  that  march  the  earlier  campaign  in  northwest 
Georgia.  In  1864  the  Confederacy  was  tottering  to 
its  fall.  By  that  time  the  crisis  of  the  war  had  passed 
with  the  fall  of  Vicksburg  on  the  Mississippi  and 
the  battle  of  Gettysburg.  Most  of  the  seaports  had 
fallen  and  the  South  was  shut  off  from  commerce, 
except  such  as  could  be  carried  on  under  blockade 
conditions.  Our  people  went  back  to  home-made 
clothes,  raised  less  cotton  and  more  grain.  Coffee, 
tea  and  other  luxuries  were  not  to  be  had  at  all,  while 
such  necessaries  as  salt  were  hard  to  get. 

Sherman  began  the  Georgia  expedition  with  the 
intention  of  destroying  the  military  resources  of  the 
state.  He  entered  Georgia  in  May,  1864,  with 
nearly  100,000  soldiers.  He  was  opposed  near  Dal- 
ton by  General  Joseph  E.  Johnston,  with  a force  of 
50,000 — later  increased  to  64,000  men.  Johnston 


198 


History  of  Georgia 


fell  back  before  Sherman’s  greater  army  until  he 
reached  Marietta,  where  in  the  mountainous  coun- 
try he  made  a stand  for  twenty-three  days  of  hard 
fighting.  Johnston  lost  10,000  of  his  men,  but  Sher- 
man’s loss  was  25,000.  Early  in  July  Sherman 
forced  Johnston  to  fall  back  again  to  prevent  being 
cut  off  from  Atlanta.  On  July  17th  President  Davis 
removed  Johnston  from  command,  turning  his  army 
over  to  General  Hood.  General  Hood  was  a poor 
commander.  He  attacked  Sherman  and  was  severely 
defeated.  He  was  forced  to  leave  Atlanta,  and  in- 
stead of  going  southward,  he  led  his  army  toward 
Tennessee,  hoping  that  Sherman  would  follow.  But 
the  Federal  general  detached  a part  of  his  army  to 
watch  Hood  and  prepared  the  remainder  for  his 
march. 

The  Burning  of  Atlanta 

When  he  entered  Atlanta,  Sherman  issued  an  order 
requiring  all  the  people  to  leave  within  five  days. 
Hood  protested  against  this  order,  and  the  mayor 
and  council  of  Atlanta  appealed  to  Sherman  to  with- 
draw it,  pointing  out  that  most  of  the  inhabitants 
were  women  and  children,  who  would  suffer  greatly 
if  compelled  to  leave  their  homes,  To  this  Sherman 
replied,  “I  have  read  it  [the  petition]  carefully, 
and  give  full  credit  to  your  statements  of  the  distress 
that  will  be  occasioned,  and  yet  shall  not  revoke 
my  orders,  because  they  were  not  designed  to  meet 
the  humanities  of  the  case.”  When  all  preparations 
for  the  southward  march  had  been  made  and  the 


History  of  Georgia 


199 


people  had  been  forced  to  depart,  Sherman  burned 
Atlanta. 

The  March  Begins 

In  preparing  for  the  long  march  before  him, 
Sherman  left  behind  all  disabled  or  weak  men,  and 
made  up  a fine  army  of  60,000  seasoned  veterans, 
of  whom  5,000  were  cavalry.  The  army  was  to  feed 
itself  on  the  country.  Each  brigade  had  a party 
of  foragers,  called  “bummers.”  These  men  were 
instructed  to  take  all  necessary  provisions,  horses 
and  mules,  but  were  ordered  not  to  enter  dwellings, 
nor  insult  the  people,  and  were  told  to  leave  a part 
of  their  property  to  every  family,  so  that  none  would 
be  destitute.  Where  the  army  was  not  opposed, 
Sherman  ordered  that  mills,  cotton  gins  and  houses 
should  not  be  destroyed;  but  they  were  to  be  burned, 
if  resistance  were  made.  All  these  orders  were  very 
badly  obeyed,  no  effort  seemingly  having  been  made 
to  enforce  the  instructions. 

Atlanta  to  Milledgeville 

The  march  was  directed  toward  the  capital,  MiT 
ledgeville.  Sherman  divided  his  army  into  two  divi- 
sions, the  right  wing  under  General  O.  O.  Howard 
following  the  railroad  by  Jonesboro  and  McDon- 
ough, with  orders  to  stop  at  Gordon,  on  the  Central 
of  Georgia  Railroad;  the  left  wing,  under  General 
H.  W.  Slocum,  marching  by  way  of  Decatur  and 
Covington  to  Madison;  and  thence  to  Milledgeville. 
General  Sherman  was  with  the  left  wing.  The  army 


200 


History  of  Georgia 


spread  out,  visiting  the  important  towns  in  that  sec- 
tion of  the  state.  The  movement  from  Atlanta  be- 
gan on  November  1 5th,  and  by  the  23rd  Sherman 
and  the  left  wing  reached  Milledgeville,  and  the 


History  of  Georgia 


201 


right  wing  had  stopped  at  Gordon.  Sherman  did 
not  destroy  the  capitol  buildings  at  Milledgeville. 

Milledgeville  to  Savannah 

On  November  24th  the  march  was  resumed,  now 
in  the  direction  of  Savannah.  Sherman’s  army  vis- 
ited in  this  section  Sandersville,  Tennille,  Louisville, 
Millen  and  other  towns.  The  cavalry,  under  Kil- 
patrick, passed  through  many  places  not  visited  by 
the  army,  such  as  Waynesboro.  In  this  part  of 
Georgia  Sherman  was  opposed  by  small  bodies  of 
cavalry  and  infantry  under  various  generals.  These 
small  forces  did  not  expect  to  stop  Sherman’s  army, 
but  hoped  to  keep  it  in  a narrow  path,  so  as  to  limit 
the  amount  of  destruction. 

The  Fall  of  Savannah 

On  December  9th  the  Federal  army  reached  the 
neighborhood  of  Savannah.  The  city  was  defended 
by  General  Flardee  with  10,000  men,  and  was  well 
protected  by  forts  and  by  the  rice  swamps  which 
had  been  flooded.  Though  cannonading  was  kept 
up  for  a number  of  days  between  attackers  and  de- 
fenders, the  city  was  not  hurt.  After  cooperation 
had  been  established  between  Sherman  and  the 
Federal  gunboats  on  the  coast  and  in  the  mouths  of 
the  rivers,  Flardee  saw  that  it  would  be  impossible 
to  hold  Savannah,  and  in  order  to  save  his  army 
he  withdrew  across  the  Savannah  River  into  South 
Carolina,  on  December  21st.  On  the  following  day 


202 


History  of  Georgia 


Sherman  entered  Savannah  and  sent  this  telegram 
to  President  Lincoln:  “I  beg  to  present  you  as  a 

Christmas  gift  the  City  of  Savannah,  with  one  hun- 
dred and  fifty  guns  and  plenty  of  ammunition,  also 
about  twenty-five  thousand  bales  of  cotton.” 

Among  the  commanders  who  assisted  in  the  de- 
fense of  Georgia  during  this  invasion  were  Generals 
P.  J.  Phillips,  Gustavus  W.  Smith,  LaFayette  Mc- 


Sherman’s  Army  Destroying  Railways  in  Georgia. 
Muzzy,  “ American  History”  (Ginn  & Co.). 


Laws,  Robert  Toombs,  Howell  Cobb,  Dick  Taylor, 
and  A.  R.  Wright. 

Sherman’s  Conduct  in  Georgia 

No  other  campaign  in  the  entire  war  has  con- 
tributed more  to  keeping  alive  sectional  feeling  than 


History  of  Georgia 


203 


Sherman’s  march  through  Georgia.  The  march  be- 
gan in  November,  after  the  crops  had  been  gathered. 
The  “bummers”  found  the  barns  bursting  with  grain, 
fodder,  and  peas,  the  outhouses  full  of  cotton,  the 
yards  crowded  with  hogs,  chickens,  and  turkeys. 
The  soldiers- in  the  Southern  armies  were  starving, 
not  because  there  was  no  food,  but  because  the  rail- 
roads had  been  destroyed  and  it  was  impossible  to 
send  supplies  to  the  front.  Sherman  was  not  con- 
tent simply  to  use  what  food  and  supplies  he  needed, 
but  boasted  that  he  would  “smash  things  to  the 
sea.”  His  men  entered  dwellings,  taking  everything 
of  value  that  could  be  moved,  such  as  silver  plate 
and  jewelry;  and  killed  and  left  dead  in  the  pens 
thousands  of  hogs,  sheep  and  poultry.  Many  dwell- 
ings were  burned  without  any  justification.  Sher- 
man in  his  own  Memoirs  testifies  to  the  conduct  of 
his  men,  estimating  that  he  had  destroyed  $80,000,- 
000  worth  of  property  of  which  he  could  make  no 
use.  This  he  describes  as  “simple  waste  and  de- 
struction.” One  of  the.  most  serious  aspects  of  his 
work  was  the  destruction  of  the  railroads;  the  Cen- 
tral from  Macon  to  Savannah,  for  instance,  was 
almost  totally  ruined. 

The  End  of  the  War,  1865 

Leaving  Georgia,  General  Sherman  continued  his 
excursion  through  South  Carolina,  burning  Colum- 
bia, the  capital.  He  had  reached  North  Carolina 
when  news  came  of  Lee’s  surrender  at  Appomattox. 


204 


History  of  Georgia 


Johnston  had  by  this  time  been  replaced  in  his  old 
command,  and  he  surrendered  to  Sherman  in  North 
Carolina. 

Georgia’s  Contribution  to  the  Confederacy 

There  were  in  Georgia  in  1860  about  100,000  men 
of  voting  age.  The  state  sent  to  the  Confederacy 
120,000  soldiers.  Mere  boys  and  old  men  were 
sent  to  the  front  in  the  last  years  of  the  war.  ft 
was  possible  to  provide  so  many  soldiers  because  the 
negro  slaves  remained  peaceably  at  home,  providing 
the  food  for  the  armies  and  for  the  families  of  the 
soldiers.  It  is  impossible  to  estimate  the  amount  of 
wealth  Georgia  gave,  but  it  was  very  great.  Her 
slaves  had  all  been  freed,  her  lands  were  impover- 
ished, buildings  destroyed,  railroads  torn  up,  live- 
stock killed,  and  equipment  of  the  plantations  gone 
to  ruin.  It  was  a long  time  before  the  taxable 
wealth  of  the  state  again  reached  the  figures  of  1860. 

Summary 

The  war  lasted  four  years,  from  April,  1861,  to 
April,  1865,  and  during  the  entire  time  the  South 
was  on  the  defensive.  The  contest  was  hopeless 
against  the  great  resources  of  the  North.  Immigra- 
tion and  the  stimulus  given  to  industry  in  the  North 
by  the  war  constantly  increased  the  wealth  of  that 
section;  whereas  in  the  South  men  killed  or  cap- 
tured could  not  be  replaced,  and  the  Confederacy 
grew  poorer  financially  with  every  passing  year.  In 


History  of  Georgia 


205 


time,  the  Southern  ports  were  blockaded  and  the  ex- 
port of  cotton,  our  one  source  of  money,  prevented. 
The  most  remarkable  thing  about  the  war  is  that  it 
lasted  so  long;  and  this  can  be  explained  only  bv 
taking  into  account  the  splendid  spirit  of  the  people. 
As  Georgia  was  one  of  the  most  distant  of  the  seced- 
ing states,  it  was  necessary  to  break  the  barrier  af- 
forded by  the  other  states  before  invasion  could 
reach  us.  As  nearly  all  able-bodied  men  were  then 
•in  the  army,  resistance  to  Sherman*was  impossible, 
and  the  Union  army  had  an  almost  unopposed  march 
through  Georgia  in  the  winter  of  1864.  Lee’s  sur- 
render in  the  following  spring  closed  the  war. 

QUESTIONS  FOR  LOCAL  STUDY 

1.  Did  any  notable  leaders  of  the  war  come  from 

your  county?  If  so,  learn  about  their  careers 
and  write  sketches. 

2.  Was  your  county  on  the  line  of  Sherman’s 

march?  Learn  from  your  elders  any  inter- 
esting facts  about  this  event — battles  fought, 
buildings  destroyed,  property  taken,  general 
conduct  of  the  invaders. 

3.  Can  you  ascertain  how  many  soldiers  went  from 

your  county? 

4.  How  many  war  pensioners  live  in  your  county? 


CHAPTER  .XXIII 


RECONSTRUCTION,  1865-1868 

The  Political  Situation  at  the  Close  of  the  War 

When  Lee  had  surrendered  and  actual  fighting  had 
stopped,  the  question  arose  in  the  victorious  North, 
how  should  the  Southern  states  be  treated?  Some 
were  for  punishing  the  South  by  keeping  them  in 
the  position  of  a conquered  country  for  a time; 
others  held  that  nothing  was  necessary  except  for 
the  defeated  states  to  admit  the  failure  of  their  ef- 
fort to  secede  and' resume  their  former  place  in  the 
Union.  President  Lincoln  held  this  latter  view.  He 
had  throughout  the  war  denied  that  the  Southern 
states  were  out  of  the  Union  at  all.  After  his  assassi- 
nation, Vice-President  Johnson  became  the  head  of 
the  government,  and  his  views  were  the  same  as 
Lincoln’s. 

The  Presidential  Reconstruction,  1865 

President  Lincoln  had  even  before  the  war  ended 
settled  on  a program  of  restoration,  under  which 
there  were  three  conditions  to  be  met  by  the  South 
before  their  readmission.  These  were  a declaration 
that  secession  was  null  and  void,  the  acceptance  of 
the  Thirteenth  Amendment  to  the  Constitution,  and 
the  repudiation  of  the  war  debt.  The  Thirteenth 
Amendment  abolished  slavery.  President  Lincoln 


206 


History  of  Georgia 


207 


had  freed  the  slaves  by  a proclamation  on  January 
1st,  1863.  This  act  was  a war  measure,  being  in- 
tended to  inspire  the  North  with  new  determina- 
tion, and  it  was  felt  necessary  to  put  the  emancipation 
in  the  shape  of  an  amendment  to  the  Federal  Con- 
stitution. The  first  two  requirements  may  be  re- 
garded as  the  results  of  the  war — the  end  of  the 
argument  as  to  the  permanency  of  the  Union  and 
the  death  of  slavery.  In  addition,  President  Lincoln 
proposed  to  require  the  Southern  states  to  agree  never 
to  pay  the  debt  incurred  by  them  for  war  purposes. 

President  Johnson  announced  that  he  would  carry 
out  Lincoln's  plans.  Accordingly  he  appointed  in 
each  Southern  state  a provisional  governor.  In 
Georgia,  James  Johnson,  a lawyer  of  Columbus  and 
an  opponent  of  secession,  was  appointed.  He  was 
directed  to  summon  a convention  in  Georgia  to  per- 
form the  acts  required.  This  convention  met  in 
October,  1865.  Herscnel  V.  Johnson,1  also  an  oppo- 
nent of  secession,  was  made  chairman.  The  con- 


1 Herschel  V.  Johnson  was  born  in  Burke  County,  in  1812. 
He  was  graduated  from  the  University  of  Georgia  in  1834  and 
later  was  admitted  to  the  bar,  locating  in  Augusta.  He  was 
appointed  to  the  United  States  Senate  in  1848.  In  1851  he  was 
a strong  supporter  of  the  radical  element  in  opposition  to  Cobb, 
Stephens  and  Toombs,  and  advocated  resistance  to  the  com- 
promise of  1850.  He  was  elected  Governor  in  1853,  serving  to 
1857.  When  the  matter  of  secession  came  up  in  1860,  he  was 
on  the  side  of  the  Union,  having  changed  his  views  about  seces- 
sion. He  was  a candidate  for  the  Vice  Presidency  on  the  Douglas 
ticket  in  1860.  After  secession,  he  became  a Senator  in  the  Con- 
federate Congress.  He  died  in  1880. 


208 


History  of  Georgia 


Herschel  Vespasian  Johnson. 
From  an  engraving  lent  by  Mr.  A.  B.  Caldwell. 


History  of  Georgia 


209 


vention  made  a new  constitution,  repealing  secession, 
abolishing  slavery  and  forbidding  the  payment  of 
the  war  debt.  The  constitution  provided  for  the 
election  of  a governor  and  legislature.  The  election 
was  held  in  November,  when  Charles  J.  Jenkins 
was  chosen  governor.  In  the  other  Southern  states 
a similar  program  was  carried  out. 

Laws  About  Freedmen 

It  turned  out,  however,  that  the  South  was  not 
to  regain  her  former  position  in  the  Union  so  easily 
as  seemed  likely.  Many  people  in  the  North  re- 
sented the  failure  to  place  some  penalty  on  the  seced- 
ing states.  Members  of  Congress  felt  that  Congress 
was  the  proper  authority  to  fix  the  terms  of  admission. 
This  general  feeling  of  dissatisfaction  with  the  way 
things  were  going  was  increased  by  certain  laws 
passed  bv  the  Southern  states  to  control  the  freed 
negroes.  During  the  war  the  conduct  of  the  ne- 
groes had  been  above  reproach;  but  their  attitude 
toward  their  former  masters  and  toward  work  was 
changed  by  the  result  of  the  war  and  their  emanci- 
pation. They  were  ignorant  and  stupid,  and  natur- 
ally did  not  understand  what  freedom  meant,  many 
of  them  fancying  they  would  never  have  to  work  any 
more.  Great  numbers  of  them  flocked  to  towns, 
where  they  became  an  idle  and  dangerous  element. 
To  meet  this  situation  the  Southern  states  passed 
measures  intended  to  regulate  the  negroes,1  such  as 
acts  to  punish  vagrancy. 


1 See  pp.  226-228  for  the  Georgia  legislation. 


210 


History  of  Georgia 


Congress  Sets  Aside  thfe  Presidential  Reconstruction 

The  acts  passed  by  Southern  legislatures  to  con- 
trol the  negroes  were  misunderstood  by  the  Northern 
people,  who  thought  the  South  was  trying  to  force 
the  blacks  back  into  a state  of  practical  slavery. 
Therefore,  when  Congress  met  in  December,  1865, 
the  Republicans,  the  majority,  were  in  a sullen  mood. 
They  refused  to  recognize  the  legality  of  Johnson’s 
measures  and  declined  to  give  seats  in  Congress  to 
the  Southern  Representatives  and  Senators.  This 
they  had  a right  to  do  and  reconstruction  could  not 
be  regarded  as  complete  until  the  Southern  states 
were  represented  in  Congress. 

The  Freedmen’s  Bureau 

Congress  then  set  to  work  to  make  new  plans  for 
a second  reconstruction,  having  determined  to  take 
the  matter  into  their  own  hands.  Meanwhile,  they 
created  the  Freedmen’s  Bureau,  which  was  intended 
to  aid  the  negroes  in  every  possible  way.  The 
Bureau  was  empowered  to  take  charge  of  abandoned 
land  and  lease  it  to  the  negroes;  to  provide  fuel, 
provisions  and  clothes  for  the  blacks;  and  to  estab- 
lish free  schools  for  them.  While  the  purpose  of 
the  Bureau  was  good,  a low  class  of  officials  were 
put  in  control,  and  the  offices  of  the  Bureau  in  every 
town  of  consequence  soon  became  the  rallying  point 
of  idle  negroes,  petty  politicians  from  the  North, 
called  “carpetbaggers,”  and  such  native  whites  as 
would  associate  with  them.  The  Bureau  did  some 
good  work,  but  was  an  institution  hated  by  the  South, 
because  it  was  meddling  and  oppressive. 


History  of  Georgia 


211 


The  Overthrow  of  the  Johnson  Governments:  The 
Fourteenth  Amendment 

After  several  months  of  discussion,  Congress,  un- 
der the  leadership  of  Charles  Sumner,  of  Massa- 
chusetts, and  Thaddeus  Stephens,  of  Pennsylvania, 
finally  decided  on  a course  of  action.  Congress 
declared  the  Johnson  governments  to  be  temporary 
only  and  informed  the  Southern  states  that  they 
would  be  regarded  as  again  in  the  Union  when  they 
had  adopted  a Fourteenth  Amendment  to  the  Con- 
stitution. This  Amendment  had  a number  of  clauses, 
of  which  two  were  of  special  importance  to  the 
South.  The  first  had  to  do  with  giving  the  negroes 
the  right  to  vote.  The  arrangement  was  a curious 
one  and  will  have  to  be  explained.  The  number  of 
representatives  each  state  should  have  in  the  lower 
house  of  Congress  was  determined  before  the  war 
by  adding  to  the  number  of  white  people  three-fifths 
of  the  number  of  slaves.  Of  course,  now  that  slaves 
were  freed,  the  result  would  be  that  the  South,  where 
the  ex-slaves  lived,  would  have  more  representatives 
than  formerly.  The  Republicans  desired  to  pre- 
vent this,  but  there  was  no  way  to  do  it.  So  they 
hit  upon  the  idea  of  putting  into  this  Fourteenth 
Amendment  a clause  stating  that  unless  the  South 
gave  the  negro  the  right  to  vote,  the  negroes  would 
not  be  counted  at  all  in  estimating  the  number  of 
representatives  from  this  section.  This  provision, 
therefore,  put  before  the  South  the  hard  condition 
of  losing  representatives  or  of  allowing  the  negroes 
to  vote.  The  other  important  clause  prohibited  lead- 


212 


History  of  Georgia 


ing  Southerners  who  had  taken  part  in  the  war  from 
holding  any  office. 

The  South  Refuses  to  Accept  the  Fourteenth  Amendment 
Before  a proposed  amendment  to  the  Constitution 
of  the  United  States  can  become  law,  it  is  necessary 
that  it  be  adopted  by  the  legislatures  of  three-fourths 
of  the  states.  When  this  Fourteenth  Amendment 
was  put  before  the  state  legislatures,  it  was  rejected 
by  all  of  the  Southern  states,  except  Tennessee,  and 
by  Ohio,  Michigan,  Kansas,  and  Minnesota,  so  that 
it  failed  of  ratification.  The  radicals  then  deter- 
mined to  force  it  on  the  South,  and  they  began  to  pass 
measures  designed  to  turn  Southern  society  upside 
down  and  make  the  negroes  the  controlling  element. 

The  Reconstruction  Acts  of  1867 

A number  of  important  acts  were  passed  by  Con- 
gress in  1867  to  carry  out  the  purpose  of  the  Repub- 
licans. These  acts  declared  that  no  government  ex- 
isted in  the  Southern  states  and  that  it  was  the  duty 
of  Congress  to  provide  it.  The  South  was  divided 
into  five  military  districts,  with  a Brigadier-General 
and  an  army  in  each.  Congress  ordered  that  a list 
of  voters  be  prepared  in  each  state,  negroes  included, 
and  that  a convention  be  held.  This  convention  was 
to  make  a new  constitution,  giving  the  right  to  vote 
to  the  negroes.  The  negroes  had  not  at  that  time 
been  enfranchised;  nevertheless,  they  were  allowed 
to  vote  for  members  in  this  convention  and  to  sit  as 
members,  if  elected.  Furthermore,  the  leading 
Southerners  were  denied  the  right  to  vote. 


History  of  Georgia 


213 


The  Convention  of  1868 

Under  the  direction  of  the  military  authorities 
voters  were  registered  in  Georgia  during  the  summer 
of  1867.  General  Pope  was  in  charge.  He  divided 
the  state  into  forty-four  districts  of  three  counties 
each  and  three  districts  of  a city  each.  In  each  dis- 
trict two  white  registrars  were  chosen  and  they  were 
made  to  choose  a negro  for  the  third.  The  total 
registration  was  95,214  whites,  93,457  negroes.  The 
delegates  chosen  at  the  ensuing  election  met  in  At- 
lanta in  December,  1868.  There  were  169  delegates, 
of  whom  thirty-seven  were  negroes,  nine  white  men 
from  other  parts  of  the  Union  who  had  recently 
moved  to  Georgia  (“carpetbaggers”),  twelve  were 
conservative  whites,  and  the  rest  were  native  “scala- 
wags,” a term  applied  to  Southerners  who  acted 
with  the  carpetbaggers  and  negroes.  The  small 
number  of  the  better  class  of  white  men  was  due 
to  the  fact  that  though  large  numbers  had  registered, 
they  failed  to  vote.  Between  7,000  and  10,000  lead- 
ing Georgians  were  refused  the  right  to  vote.  This 
convention  made  the  Constitution  of  1868,  the  most 
notable  change  being  the  enfranchising  of  the 
negroes. 

The  Election  of  1868;  Adoption  of  the  Fourteenth 
Amendment 

The  new  constitution  was  submitted  to  the  people 
for  ratification  in  April,  1868,  and  at  the  same  time 
an  election  was  held  for  state  officers.  Rufus  B. 
Bullock  was  elected  governor.  He  was  not  a native 


214 


History  of  Georgia 


Georgian,  but  had  lived  in  the  state  for  some  time, 
at  Augusta.  He  was  superior  to  the  general  run  of 
carpetbaggers.  The  constitution  was  ratified  by  a 
majority  of  about  18,000.  The  radicals,  however, 
were  not  so  successful  in  the  election  of  a legislature. 
In  the  Lower  House  the  Conservatives  or  Democrats 
had  a majority;  and  in  the  Senate  the  Radicals  or 
Republicans  had  a majority  of  ten.  Ten  of  the 
Republicans,  however,  were  classed  as  “Moderates” 
and  did  not  always  vote  with  the  Radicals.  This 
legislature  adopted  the  Fourteenth  Amendment 
in  July,  1868.  Congress  then  gave  their  seats  to  the 
new  members  elected  from  Georgia.  The  new 
Senators  did  not  arrive  in  time  to  take  their  places. 

Summary 

See  end  of  the  next  chapter. 

QUESTIONS  FOR  LOCAL  STUDY 

1.  Was  there  a branch  of  the  Freedmen’s  Bureau 

in  your  county?  Learn  what  you  can  about  it. 

2.  Were  the  Ku  Klux  active  in  your  county? 

3.  Who  represented  your  county  in  the  Conven- 

tion of  1865?  The  Convention  of  1868? 

4.  Did  your  county  vote  for  Bullock  or  for  Gordon 

in  the  election  of  1868? 

5.  Learn  what  you  can  about  political  conditions 

in  your  county  during  the  Reconstruction. 
(The  newspapers  are  the  best  source.) 

6.  Learn  what  you  can  about  labor  conditions  in 

your  county  during  Reconstruction. 


CHAPTER  XXIV 


RECONSTRUCTION,  1868-1871 

Reorganization  of  the  Democratic  Party 

When  the  plan  of  Congress  to  overthrow  the  gov- 
ernments set  up  by  President  Johnson  became  known, 
the  conservative  people  of  Georgia  made  up  their 
minds  to  have  nothing  to  do  with  the  proceedings, 
and  little  effort  was  made  to  send  worthy  men  to 
the  Convention  of  1868,  the  result  being  that  the 
convention  was  controlled  by  men  of  a low  stamp. 
But  when  the  election  of  1868  came  on  it  was  deter- 
mined by  the  former  Democratic  leaders  to  do  all 
they  could  to  wrest  the  control  of  Georgia  from 
the  hands  of  the  carpetbag  element.  The  men  most 
active  in  reorganizing  the  Democratic  Party,  called 
for  a time  the  Conservative  Party,  were  Howell 
Cobb,  Benjamin  H.  Hill,1  and  Robert  Toombs.  A 
great  Conservative  convention  was  held  in  Macon  in 
December,  1867.  It  was  decided  to  run  a candidate 
against  Bullock,  the  nominee  of  the  Republicans. 

1 Benjamin  H.  Hill  was  born  in  Jasper  County,  September  14, 
1823.  After  being  graduated  with  first  honor  from  the  Uni- 
versity of  Georgia,  Mr.  Hill  settled  in  LaGrange  and  began  the 
practice  of  law.  Hill  was  a Whig  in  politics  and  strongly  op- 
posed secession,  though  he  followed  the  state  out  of  the  Union 
and  became  a Confederate  Senator.  He  was  elected  to  the  United 
States  Senate  in  1877,  retaining  the  position  until  his  death  in 
1882. 


216 


History  of  Georgia 


Benjamin  Harvey  Hill. 


History  of  Georgia 


217 


General  John  B.  Gordon  agreed  to  make  the  race. 
As  we  have  seen,  he  was  defeated,  but  the  Conserva- 
tives succeeded  in  electing  a majority  of  the  House 
of  Representatives.  This  was  a serious  set  back 
for  the  Republican  schemes,  and  Governor  Bullock 
did  his  best  to  remedy  the  situation. 

» 

The  Eligibility  Question 

The  military  governor  of  the  state  was  General 
Meade.  Governor  Bullock  informed  him  that  a 
number  of  persons  were  said  to  hold  seats  in  the 
legislature  who  were  disqualified  under  the  Recon- 
struction acts.  Meade  directed  that  each  house  of  the 
legislature  appoint  a committee  to  examine  into  the 
eligibility  of  its  members.*  The  Senate  Committee 
reported  none  ineligible;  the  majority  of  the  House 
Committee  reported  two  ineligible;  but  a minority 
report  found  none  ineligible,  and  the  House  accepted 
the  minority  report.  Meade  considered  this  final 
and  refused  to  interfere,  as  he  believed  Bullock  was 
simply  trying  to  secure  a party  advantage. 

Expulsion  of  Negro  Members 

Twenty-five  members  of  the  House  and  three 
members  of  the  Senate  were  negroes.  Their  presence 
was  distasteful  to  all  the  Conservatives  and  to  many 
of  the  Radicals.  Resolutions  were  therefore  passed 
in  both  houses,  declaring  that  negroes  while  having 
the  right  to  vote  were  not  eligible  to  hold  office, 
and  hence  were  expelled  from  the  legislature.  This 
was  an  unfortunate  step,  as  it  opened  a way  for  Bui- 


218 


History  of  Georgia 


lock  to  get  control  of  the  legislature.  He  went  to 
Washington,  made  himself  agreeable  to  radical 
Republicans  and  induced  them  to  take  the  view 
that  Georgia  ought  to  be  reconstructed  again.  He 
said  there  were  a large  number  of  members  of  the 
legislature  who  were  ineligible  under  the  Fourteenth 
Amendment.  Congress  therefore  refused  to  seat  the 
new  Georgia  Senators  and  unseated  die  Represen- 
tatives. 


Georgia  Again  Out  of  the  Union 

Congress  then  began  to  take  testimony  as  to 
conditions  in  Georgia.  Some  of  the  witnesses  sum- 
moned said  that  Georgia  needed  further  reconstruc- 
tion, and  others  held  that  matters  had  gone  far 
enough.  Among  those  who  strongly  urged  that 
Georgia  be  not  further  molested  was  Ex-Governor 
Joseph  E.  Brown.  Judge  Brown  had  been  the  war 
governor  of  Georgia,  holding  the  office  for  eight  years 
and  managing  the  affairs  of  the  state  with  con- 
spicuous ability.  After  the  overthrow  of  the  John- 
son government  he  counseled  the  acceptance  in  good 
faith  of  the  terms  imposed  by  Congress  for  readmis- 
sion and  became  a Republican,  thereby  incurring  the 
hatred  of  his  former  associates.  He  was  made  Chief 
Justice  of  the  Supreme  Court  of  Georgia  by  Gov- 
ernor Bullock.  On  the  question  of  further  recon- 
struction measures  for  Georgia,  Judge  Brown  split 
with  the  Republicans  and  soon  rejoined  the  Demo- 
cratic Party.  In  1880  he  was  elected  to  the  United 


History  of  Georgia 


219 


Joseph  Emerson  Brown, 


220 


History  of  Georgia 


States  Senate  and  on  the  expiration  of  his  term  in 
1886,  was  re-elected  with  only  one  vote  cast  against 
him. 

In  December,  despite  the  plea  of  Judge 
Brown,  Nelson  Tift,  a Democratic  Congressman, 
and  others,  Congress  restored  the  military  control 
in  Georgia,  General  Terry  this  time  being  the  mili- 
tary governor.  He  appointed  a committee  of  mili- 
tary officers  to  investigate  the  question  of  eligibility 
in  the  legislature.  This  committee  deprived  many 
Conservatives  of  their  places  and  reseated  the  ne- 
groes— in  this  way  giving  the  Radicals  complete 
control.  This  was  done  in  January,  1870.  Later 
the  Judiciary  Committee  of  the  United  States  Senate 
condemned  as  unlawful  the  whole  proceeding. 


Final  Restoration  of  Georgia,  1870.  Adoption  of  the 
Fifteenth  Amendment 

The  condition  of  readmission  imposed  on  Georgia 
by  Congress  was  the  acceptance  of  a Fifteenth 
Amendment  to  the  Constitution.  It  will  be  recalled 
that  the  Fourteenth  Amendment  had  placed  before 
the  South  the  alternative  of  either  granting  the  right 
to  vote  to  the  negroes  or  of  having  their  representa 
tion  in  Congress  reduced.  The  radicals,  however, 
were  not  satisfied  with  this  arrangement  and  had 
made  another  amendment  which  conferred  on  ne- 
groes the  right  to  vote  without  any  sort  of  qualifi- 
cation. A great  deal  of  opposition  to  this  amendment 
arose  and  it  was  feared  that  the  necessary  number 


History  of  Georgia 


221 


of  states  could  not  be  induced  to  accept  it.  Georgia 
was  therefore  forced  to  agree  to  the  amendment  or 
stay  out  of  the  Union  indefinitely.  This  the  state  did. 
thus  finally  getting  rid  of  the  military  control.  In 
every  other  state  the  vote  on  the  Fifteenth  Amend- 
ment was  a voluntary  one. 

The  Campaign  of  1870 

The  governor's  term  under  the  Constitution  of 
1868  was  four  years;  but  the  legislature  was  elected 
every  two  years.  The  election  of  1870  was  a memor- 
able one  in  the  history  of  Georgia,  because  it  was 
at  that  time  that  the  Conservatives  came  back  per- 
manently into  power  and  the  alien  government  was 
overthrown.  Two- thirds  of  the  new  legislators  and 
five  of  the  seven  Congressmen  were  Conservatives. 

Governor  Bullock  saw  that  his  power  was  gone, 
and  fearing  trouble,  in  October,  1871,  fled  from  the 
state.  A special  election  was  called  in  December, 
1871,  when  James  M.  Smith,  a Democrat,  was 
elected  governor,  thus  marking  the  final  overthrow 
of  the  carpetbaggers.  Governor  Bullock  was  ar- 
rested in  1876  and  brought  back  to  Georgia,  where 
he  was  tried  on  charges  of  misuse  of  the  state  funds. 
He  was  acquitted,  however,  and  lived  for  many  years 
in  Atlanta,  becoming  a useful  and  honored  citizen. 

The  Reconstruction  Era  in  Georgia 

The  years  during  which  Georgia  was  under  mili- 
tary control  and  the  governorship  of  Bullock  are 
the  most  unpleasant  in  her  historv.  Unprincipled 


222 


History  of  Georgia 


natives  and  ignorant  blacks  under  the  management 
of  carpetbag  politicians  combined  to  loot  the 
state  treasury.  They  were  not  nearly  so  successful 
in  Georgia  as  in  other  states,  due  in  part  to  the  fact 
that  a small  group  of  upright  men  in  the  Radical 
Party  fought  against  bad  government,  and  partly 
due  to  the  quick  recovery  of  the  Democratic  Party. 
Still,  a good  deal  of  money  was  stolen  or  misused. 
About  $2,700,000  received  from  the  sale  of  bonds 
was  squandered,  while  the  state  was  made  liable  for 
nearly  $7,000,000  more  on  the  endorsement  of  the 
bonds  of  various  railroads.  Bullock’s  legislature  and 
various  investigating  committees  spent  large  sums  of 
money,  four  or  five  times  as  much  as  any  previous 
legislature  had  used.  The  most  scandalous  instance 
of  corruption  was  in  the  case  of  the  state  railroad. 
The  Western  & Atlantic  was  put  under  the  manage- 
ment of  one  of  the  worst  carpetbaggers,  Foster 
Blodgett.  The  auditor  was  also  of  the  same  stripe. 
He  admitted  having  saved  from  twenty  to  thirty 
thousand  dollars  out  of  his  small  salary.  Hundreds 
of  employes  were  discharged  to  make  way  for  friends 
of  Bullock;  positions  of  trust  and  importance  requir- 
ing special  knowledge  were  filled  by  men  entirely 
ignorant  of  the  work  they  were  supposed  to  do. 

Summary 

Georgia  went  through  three  separate  processes  of 
reconstruction.  The  first  is  known  as  the  Presiden- 
tial Reconstruction,  in  which  President  Johnson 


History  of  Georgia 


223 


attempted  to  carry  out  the  plans  outlined  by  Lincoln. 
The  Southern  states  were  required  to  declare  the 
secession  ordinances  null  and  void,  to  repudiate  the 
war  debt,  and  to  accept  the  Thirteenth  Amendment, 
which  abolished  slavery.  The  second  reconstruction 
was  due  to  the  resentment  of  Congress  at  the  presi- 
dent’s presuming  to  reconstruct  the  South  without 
consulting  the  law-making  body;  and  to  the  desire 
to  impose  harder  terms.  Congress  divided  the  South 
into  military  districts,  with  a General  and  an  army 
in  each.  The  condition  of  readmission  was  the  ac- 
ceptance of  a Fourteenth  Amendment,  which  dis- 
qualified leading  Southerners  from  office-holding 
and  put  before  the  South  the  choice  of  either  losing 
representatives  in  Congress  or  of  giving  the  negro 
the  vote.  Georgia  met  the  wishes  of  Congress  and 
was  admitted  a second  time  in  1868.  The  third 
reconstruction  was  the  result  of  the  expulsion  of  the 
negro  members  from  the  Georgia  legislature.  Geor- 
gia was  finally  admitted  in  1870,  after  having  been 
forced  to  adopt  the  Fifteenth  Amendment,  which 
gave  the  negroes  the  franchise  without  any  qualifi- 
cations. 


CHAPTER  XXV 


RECOVERY  AND  DEVELOPMENT  SINCE  1870 
Growth  of  Population 

During  the  forty  years  since  the  return  of  peace 
the  population  of  Georgia  has  steadily  grown.  In 
1910  the  total  population  was  2,609,121,  an  increase 
of  120  per  cent,  since  1870.  The  white  people  out- 
numbered the  negroes,  the  latter  being  45.1  per  cent, 
of  the  total;  in  1870  they  were  46.3  per  cent. 

The  Sections  of  Georgia 

The  several  divisions  of  Georgia  have  not  grown 
with  equal  rapidity.  South  central  Georgia  has  en- 
joyed the  most  rapid  growth,  many  of  the  counties 
there  having  increased  more  than  fifty  per  cent,  in 
the  ten  years  before  1910.  This  growth  has  made 
it  necessary  to  cut  up  large  counties  into  smaller  ones, 
and  since  1900  there  have  appeared  Crisp,  Tift, 
Turner,  Ben  Hill,  Jeff  Davis,  Toombs,  Bleckley, 
Wheeler,  Candler,  Jenkins,  Evans,  and  Bacon  Coun- 
ties in  that  section.  The  counties  just  north  of  the 
Black  Belt  have  also  developed  rapidly.  Two  new 
counties,  Stephens  and  Barrow,  have  been  created  in 
that  region.  Many  of  the  counties  of  Middle  Georgia, 
the  mountains,  and  the  coast  have  lost  population. 
This  is  due  to  the  fact  that  people  have  been  leaving 

224 


History  of  Georgia 


225 


Population  Movements  in  Georgia,  1900-1910. 


226 


History  of  Georgia 


those  sections  to  go  to  fresher  lands  in  South  Geor- 
gia, or  have  removed  to  cities. 

Increase  of  Taxable  Property 

The  total  amount  of  property  returned  for  taxa- 
tion in  Georgia  was  much  less  in  1870  than  in  1860, 
on  account  of  the  losses  of  war.  The  progress  since 
1870  has  been  striking,  the  value  of  taxable  property 
having  advanced  from  $227,000,000  in  that  year  to 
$813,338,438  in  1910.  The  actual  value  of  Georgia 
property,  however,  is  much  higher  than  this.  Every- 
one estimates  his  property  at  a low  value  when  re- 
turning it  for  taxation. 

Legal  Efforts  to  Control  the  Negroes 

The  most  important  way  in  which  the  war 
changed  Georgia  conditions  was  in  connection  with 
farming.  The  success  of  the  old  plantation  system 
was  due  to  the  authority  the  master  held  over  the 
slave.  He  could  compel  the  slave  to  work.  When 
the  slaves  became  free,  however,  this  authority  was 
lost.  In  order  to  feel  their  freedom,  the  negroes 
left  the  old  plantations  and  took  to  wandering  about 
the  country  and  to  towns.  Their  heads  were  filled 
with  foolish  ideas  by  the  carpetbaggers  and  agents 
of  the  Freedmen’s  Bureau,  who  told  them  that  at 
Christmas  their  masters’  plantations  would  be  di- 
vided among  them  and  that  the  United  States  gov- 
ernment would  supply  them  with  work  animals  and 
tools.  The  problem  of  vagrancy  became  so  great 
that  the  legislature  passed  an  “Apprentice  Act,” 


History  of  Georgia 


227 


which  required  negro  children  whose  parents  were 
dead  or  unable  to  support  them  to  be  bound  out  as 
apprentices;  their  masters  were  required  to  teach 
them  industry  and  honesty;  to  teach  them  to  read 


Photograph  Showing  Costumes  Actually  Used  By  a Ku  Klux  Band. 

Fleming,  “Documentary  History  of  Reconstruction”  ( Arthur  H.  Clarke 
Company ) . 


and  write,  and  to  furnish  them  with  the  necessaries 
of  life.  To  reach  the  older  negroes,  a “Vagrant 
Law”  was  passed,  providing  a heavy  punishment 
for  vagrancy,  or  idleness.  A vagrant  might  be  fined 
or  imprisoned,  forced  to  work  on  the  public  roads 
or  be  bound  out  for  a year  to  a private  master. 


228 


History  of  Georgia 


Ku  Klux  Klan 

The  laws  just  mentioned  represent  the  legal  efforts 
to  cure  idleness.  Another  method  of  handling  the 
same  problem  was  by  the  organization  of  secret  so- 
cieties, called  Ku  Klux  Klans.  The  members  of 
these  societies  rode  about  at  night  dressed  in  white 
robes  and  tall  cardboard  hats,  with  their  faces 
masked  and  their  horses’  feet  muffled.  When  the 
negroes  and  carpetbaggers  began  to  make  trouble, 
the  Klans  interfered  to  punish  the  offenders.  The 
mystery  of  the  proceedings  make  their  activities  all 
the  more  feared  by  the  ignorant  negroes. 

Failure  of  the  Plantation  System 

The  plantation  system  exists  where  large  bodies 
of  laborers  work  in  gangs  under  the  control  of  over- 
seers; the  laborers  live  in  settlements;  rise  at  the 
tap  of  the  farm  bell;  work  all  day  and  have  few 
privileges.  The  Georgia  plantation  owners  tried 
after  the  negroes  were  freed  to  continue  this  sort  of 
farm  organization,  and  there  are  still  many  large 
farms  run  on  this  plan  in  Georgia.  For  the  most 
part,  however,  they  have  disappeared.  The  negroes 
in  their  new  condition  did  not  like  the  plantation 
system.  It  was  too  much  like  the  old  slavery.  In 
the  years  immediately  after  the  war  planters  in  the 
southwestern  states  were  doing  all  they  could  to 
induce  the  negroes  of  Georgia  and  the  older  states 
to  migrate  there;  so  that  the  Georgia  farmers  had 
to  change  their  system  of  farming  to  suit  the  negroes. 


History  of  Georgia 


229 


Cropping  or  Share  Tenancy 

One  of  the  new  plans  invented  was  called  crop- 
ping. The  landlord  supplies  the  land,  house,  stock 
and  tools,  and  feeds  the  cropper,  the  labor  only  being 
supplied  by  the  cropper.  The  crop  is  divided  be- 
tween the  landlord  and  tenant.  Under  this  plan  the 
landlord  and  the  tenant  become  partners  in  a business 
undertaking,  and  self-interest  makes  the  laborer  work 
harder  than  he  otherwise  would.  General  super- 
vision over  the  tenant  farms  was  exercised  by  the 
landlord.  This  was  a somewhat  successful  substi- 
tute for  the  plantation  or  wages  system,  its  main 
advantage  being  that  the  landowner  was  not  in  dan- 
ger of  losing  his  supply  of  laborers  before  the  har- 
vest, as  he  was  in  the  case  of  the  wages  system. 

The  Renting  System 

In  order  to  work  the  cropping  system  successfully, 
however,  it  was  necessary  for  the  landowner  to  live 
on  the  farm  so  that  he  could  supervise  the  labor, 
but  many  Georgia  farmers  became  tired  of  farm- 
ing under  the  new  conditions  and  desired  to  move 
to  town,  where  they  entered  into  commercial  life. 
To  meet  their  necessities  a new  system,  known 
as  “standing  renting”  came  into  practice.  Under 
this  system  the  landlord  furnishes  only  the  house 
and  land.  The  tenant  supplies  everything  else  and 
pays  a fixed  amount  of  the  crop  as  rent.  This  system 
was  very  much  preferred  by  the  negroes,  since  it 
meant  their  entire  escape  from  the  supervision  of 


230 


History  of  Georgia 


their  former  masters.  But  renting  was  an  unfor- 
tunate development.  Few  negroes  were  intelligent 
enough  to  manage  for  themselves.  They  made  very 
little  and  allowed  their  farms  to  decline  in  fertility. 

Negro  Land  Ownership 

Another  important  change  in  farming  conditions 
has  been  the  coming  of  negro  l'and  ownership.  The 
value  of  land  fell  enormously  after  the  war.  Many 
thousands  of  acres  were  abandoned  and  the  Freed- 
men’s  Bureau  put  on  this  land  numbers  of  negroes, 
some  of  whom  later  became  owners.  In  other  cases 
landowners  sold  small  tracts  to  negroes  on  easy  terms. 
In  1874  Georgia  for  the  first  time  published  statis- 
tics showing  ownership  of  land  by  races,  when  it 
appeared  that  the  negroes  had  338,769  acres.  By 
1910  this  figure  had  grown  to  1,607,970.  While  this 
is  a small  proportion  of  the  total  acreage  of  the 
state,  and  while  many  farms  nominally  owned  by 
negroes  are  really  the  property  of  white  men,  the 
figures  indicate  considerable  progress  for  the  former 
slaves. 

Farms  and  Farm  Products 

Though  farming  conditions  were  not  good  in 
Georgia  for  many  years  after  the  war,  particularly 
in  the  Black  Belt,  much  progress  must  be  noted. 
For  instance,  in  1870  there  were  only  7,000,000  acres 
of  improved  lands;  in  1910  there  were  12,000,000. 
Even  now,  however,  less  than  three-fourths  of  the 
total  area  of  Georgia  is  in  farms  and  only  about 


History  of  Georgia 


231 


one-half  of  the  land  in  farms  is  improved.  Coming 
to  the  matter  of  increased  value,  it  should  be  noted 
that  farm  property  has  increased  400  per  cent,  since 
1870.  Furthermore,  the  production  of  crops  has 
been  greatly  increased.  Of  cotton,  473,934  bales 
were  raised  in  1870;  in  1910  1 ,992,408  bales.  The 


“The  Agricultural  Special”  Sent  Out  By  the  State  College  of 

Agriculture. 

Photograph  furnished  by  Prof.  R.  J.  H.  DeLoacli. 


production  of  corn  has  doubled,  of  sweet  potatoes 
has  increased  three-fold,  while  forage  crops  have 
advanced  still  more  rapidly.  There  has  been  a great 
awakening  of  interest  in  scientific  agriculture.  In 
this  movement  the  United  States  government  and 
the  state  government  have  cooperated,  and  we  now 


232 


History  of  Georgia 


have  numerous  boys’  corn  clubs,  and  girls’  canning 
clubs,  pig  clubs  and  other  similar  organizations. 

Development  of  Manufacturing 

No  other  modern  development  in  Georgia  has 
been  more  far-reaching  than  the  growth  of  manu- 
facturing. In  1870  the  value  of  manufactured  arti - 


A Georgia  Cotton  Mill. 


cles  was  only  $31,196,115.  In  1910  the  figures  had 
grown  to  $202,863,000.  Atlanta  alone  produced 
more  manufactured  goods  in  1910  than  did  the  entire 
state  in  1870.  While  the  manufacturing  industries 
of  Georgia  are  varied,  cotton  milling  is  by  far  the 
most  important,  constituting  nearly  one-fourth  of 
the  total  value  of  manufactured  goods.  Other  lead- 


History  of  Georgia 


233 


ing  industries  are  the  manufacture  of  fertilizers, 
lumber  and  cottonseed  products. 

Summary 

The  revival  of  Georgia  after  the  War  between 
the  States  was  astonishingly  quick.  The  population 
of  the  state  has  grown  rapidly.  The  part  of  the 
state  where  population  has  grown  most  is  in  the 
newer  South  Georgia  section.  The  mountainous 
counties  and  many  of  the  old  Black  Belt  counties 
have  lost  population,  as  people  have  moved  to  the 
cities  or  to  the  fresher  fields  of  South  Georgia.  The 
post-bellum  era  has  witnessed  the  partial  failure  of 
the  plantation  form  of  farming,  the  wages  plan  hav- 
ing in  large  measure  given  away  to  cropping  or  rent- 
ing forms  of  tenancy.  Negroes  have  acquired 
possession  of  more  than  a million  and  a half  acres. 
The  value  of  Georgia  property,  particularly  of 
farming  lands  has  enormously  increased,  as  has  the 
value  of  their  output.  Manufacturing  has  also  in- 
creased by  leaps  and  bounds. 

QUESTIONS  FOR  LOCAL  STUDY 

1.  Make  a table  showing  the  growth  of  population 

in  your  county,  by  decades,  whites  and  blacks 
separately,  since  1860. 

2.  Which  race  has  grown  the  more  rapidly?  Why? 

3.  If  the  population  has  grown  very  rapidly,  how 

do  you  account  for  it? 


234 


History  of  Georgia 


4.  If  the  population  has  grown  slowly  or  if  there 

has  been  a loss,  how  do  you  account  for  it? 

5.  If  your  county  has  been  recently  created,  from 

what  counties  was  it  taken?  Why  was  the 
new  county  made? 

6.  What  percentage  of  the  farms  of  your  county 

are  worked  by  owners;  by  share  tenants  (crop- 
pers) ; by  cash  tenants  (standing  renters)  ? 

7.  How  many  acres  of  land  do  the  negroes  of  your 

county  own? 

8.  What  are  the  principal  crops  raised  in  your 

county?  Is  diversification  growing? 

9.  What  are  the  principal  forms  of  manufacturing 

in  the  county? 


CHAPTER  XXVI 


EDUCATIONAL  PROGRESS  SINCE  1870 

Beginnings  of  the  Public  School  System 

The  Constitution  of  1868,  prepared  during  Recon- 
struction, required  the  establishment  of  a system' 
of  free  public  schools,  bui  the  reconstructionists  did 
nothing  to  carry  into  effect  the  provision.  When 
the  Democrats  regained  power,  however,  they  pro- 
ceeded to  pass  laws  looking  to  the  establishment  of 
free  schools.  After  getting  a bad  start  in  1871,  the 
schools  were  suspended  in  1872.  Gustavus  J.  Orr 
then  became  state  school  superintendent  and  re- 
opened the  schools  in  1873,  since  which  date  they 
have  been  in  continuous  operation. 

The  Progress  of  Forty  Years 

In  the  first  year  of  free  schools,  separate  schools 
being  established  for  the  two  races,  there  were  en- 
rolled 42,914  white  children  and  6,664  colored  chil- 
dren; this  enrollment  representing  about  thirteen  per 
cent,  of  the  school  population.  The  latest  report  of 
the  State  Superintendent  (1916)  shows  that  there 
were  enrolled  659,548  children,  being  83  per  cent, 
of  the  total  school  population.  Of  the  white  children 
of  school  age,  94.5  per  cent,  were  attending  school; 


235 


236 


History  of  Georgia 


of  the  colored  70  per  cent.  In  1871  the  amount 
appropriated  by  the  legislature  to  support  the  schools 
was  $174,107;  for  1917  the  amount  was  $2,700,000. 
In  1871  the  schools  had  practically  no  property;  in 
1916  school  property  was  valued  at  $14,000,000. 


The  Three  Small  Schools  at  the  Top  Were  Recently  Consolidated 
and  the  Building  at  the  Bottom  Erected  in  Their  Place. 


Local  Taxation  for  Schools 

In  1904  an  amendment  to  the  constitution  was 
adopted  enabling  counties  and  school  districts  within 
counties  to  levy  a local  tax  to  supplement  the  state 
appropriation  for  schools.  This  provision  has  been 
a failure,  as  only  fifty-four  of  the  152  counties 
have  seen  fit  (to  May  1,  1918)  to  levy  the  tax.  In 
addition  nearly  1,200  districts  have  local  taxation. 


History  of  Georgia 


237 


Educational  leaders  believe  that  the  levying  of  the 
local  tax  must  be  made  compulsory  on  the  counties 
before  we  can  hope  for  much  improvement.  Geor- 
gia appropriates  from  the  state  treasury  more  than 
any  other  state  for  public  schools,  but  the  counties 
do  very  little  to  aid  themselves,  with  the  result  that 
Georgia  is  far  behind  other  states  that  appropriate 
far  less  from  the  general  funds. 

Declining  Percentage  of  Illiteracy 

Our  educational  strides  have  had  the  result  of 
bringing  about  a great  fall  in  the  percentage  of  illit- 
erate persons  in  the  state.  In  1870,  27.4  per  cent, 
of  our  white  people  and  92.1  per  cent,  of  our  colored 
population  were  classed  as  illiterates.  In  1910  the 
white  illiteracy  had  fallen  to  7.8  per  cent,  and  the 
colored  to  36.5. 

These  facts  are  encouraging,  as  progress  has  been 
made  in  the  face  of  adverse  conditions.  We  are 
still,  however,  far  behind  the  North  and  West  in 
education.  This  is  due  in  part  to  their  greater  wealth 
and  to  the  fact  that  these  sections  suffered  no  set- 
back because  of  the  war.  One  of  the  most  im- 
portant advantages  they  have  over  us  is  in  the  matter 
of  pensions.  While  every  Northern  state  receives 
millions  each  year  from  the  national  government, 
part  of  which  is  paid  by  the  South  in  taxes,  the  states 
of  the  South  not  only  receive  nothing,  but  them- 
selves expend  millions  to  support  ex-Confederate 
soldiers. 


238 


History  of  Georgia 


The  Management  of  Educational  Interests 

Much  has  been  done  recently  in  the  direction  of 
better  systematizing  the  control  of  our  schools. 
Among  the  changes  none  is  of  more  importance  than 
the  remodeling  of  the  State  Board  of  Education. 
Formerly  it  was  controlled  by  politicians;  now  pro- 
fessional educators  hold  a majority  vote  on  the 
Board.  This  Board,  acting  with  the  State  Superin- 
tendent of  Education,  who  is  elected  by  the  people, 
look  after  the  general  interests  of  the  schools,  guid- 
ing the  legislation,  adopting  the  texts,  arranging  the 
examination  of  teachers,  and  the  like. 

The  Compulsory  Education  Act 

Though  the  progress  of  Georgia  in  education  has 
been  rapid,  there  still  remained  outside  of  the  school- 
houses  many  thousands  of  children,  whose  parents 
took  so  little  interest  in  their  welfare  as  not  to  make 
them  go  to  school,  even  when  it  cost  very  little.  Pub- 
lic sentiment,  therefore,  demanded  that  the  legisla- 
ture pass  a law  intended  to  compel  every  child  to 
receive  the  rudiments  of  an  education.  This  Act 
was  passed  in  1916.  It  is  not  regarded  as  severe 
enough  to  meet  the  situation,  and  will  perhaps  be 
strengthened  before  long. 

The  University  System 

We  have  already  seen  that  at  the  outbreak  of  the 
war  the  University  of  Georgia,  the  only  state-sup- 
ported institution  for  higher  education,  was  a small 
classical  college.  During  the  war  it  was  found 


History  of  Georgia 


239 


necessary  to  suspend  the  exercises.  The  University 
was  reopened  in  1866.  Since  that  time  many  notable 
developments  have  taken  place. 

By  Act  of  Congress  in  1862,  every  state  in  the 


University  of  Georgia,  Chapel. 
Photograph  Furnished  by  Dr.  J.  P.  Campbell. 


Union  was  given  public  lands  to  be  used  to  establish  a 
college  for  science,  with  particular  reference  to  agri- 
culture. The  proceeds  of  the  sale  of  Georgia’s  share 
of  the  land  were  turned  over  to  the  Trustees  of  the 
University,  and  in  1872  they  opened  the  Georgia 
State  College  of  Agricultural  and  the  Mechanic 


240 


History  of  Georgia 


Arts.  Since  then  the  University  has  gradually  ex- 
tended its  usefulness.  Already  in  1867  the  Lumpkin 
Law  School  in  Athens  had  become  the  law  depart- 
ment of  the  University;  in  1903  the  School  of  Phar- 
macy was  added;  in  1906  a School  of  Forestry  was 


Academic  Hall,  University  of  Georgia. 


created;  and  during  the  same  year  a State  College 
of  Agriculture  was  established.  More  recently, 
Schools  of  Education,  Commerce  and  Journalism 
have  been  added.  From  the  small  establishment  in 
1866,  the  parent  institution  has  grown  until  in  1918 


History  of  Georgia 


241 


the  faculty  numbers  115,  not  including  tutors,  but 
including  extension  workers  in  the  Agricultural  Col- 
lege, and  the  enrollment,  including  the  summer 
school  of  1917,  was  1,777. 

Branch  Colleges 

Under  the  constitution  of  Georgia  no  appro- 
priation for  higher  education  may  be  made  except 
to  the  University.  The  idea  was  to  build  up  a great 
university  system  of  state-supported  institutions. 
Carrying  out  this  plan  there  have  been  created  the 
Georgia  School  of  Technology,  at  Atlanta;  the  Girls’ 
Normal  and  Industrial  School,  at  Milledgeville;  the 
State  Normal  School,  at  Athens;  the  South  Georgia 
Normal  School,  at  Valdosta;  and  the  Georgia  In- 
dustrial College  for  Colored  Youths,  at  Savannah. 
The  North  Georgia  Agricultural  College  and  the 
Georgia  Medical  College,  at  Augusta,  have  also  been 
received  into  the  University  system.  The  total  en- 
rollment in  all  these  institutions  in  1918  was  6,102, 
not  including  elementary  students  in  practice  schools. 


QUESTIONS  FOR  LOCAL  STUDY 

1.  Where  in  your  county  was  the  first  free  public 

school  opened;  who  taught  it? 

2.  How  manv  public  schools  are  there  now  in  your 

county,  white  and  black? 


242 


History  of  Georgia 


3.  How  many  one-teacher  schools  are  there;  how 

many  with  two,  with  three,  with  four  teachers? 

4.  How  many  high  schools  are  there? 

5.  How  many  children  between  six  and  eighteen 

years  of  age  are  there  in  the  county? 

6.  How  many  children  between  these  ages  are  not 

attending  school? 

7.  How  many  illiterates  are  there  in  the  county 

among  the  men  of  voting  age;  among  people 
from  ten  to  twenty  years  of  age?  Get  the  facts 
for  the  white  people  and  the  negroes  separ- 
ately. 

8.  Is  your  county  one  of  the  fifty-four  in  which 

there  is  a local  tax  for  schools?  Is  your  dis- 
trict one  of  the  1,200  having  local  tax?  If  not, 
what  is  the  source  of  opposition  to  this  tax? 
Has  there  ever  been  an  election  on  the  sub- 
ject? 

Note:  Information  on  these  points  can  best  be 

obtained  from  the  County  School  Superintendent. 


CHAPTER  XXVII 


RECENT  ECONOMIC  AND  SOCIAL  REFORMS 

The  Convict  System : Origin 

Before  1866  the  convicts  of  Georgia  were  kept  in 
a central  penitentiary,  located  at  Milledgeville.  All 
of  the  convicts  were  whites  and  there  were  only  250 
of  them  in  1860.  There  were  no  negro  convicts  be- 
cause the  offenses  of  slaves  were  usually  punished 
by  their  masters.  When  the  slaves  were  freed,  how- 
ever, it  became  necessary  to  treat  them  as  other  peo- 
ple and  soon  the  penitentiary  was  crowded.  The  state 
had  either  to  enlarge  the  penitentiary  or  make  some 
other  disposition  of  the  convicts.  As  Georgia  was 
nearly  bankrupt  at  the  time,  the  legislature  passed 
a law  in  1866,  which  authorized  the  leasing  of  con- 
victs to  contractors  engaged  on  public  works.  Sub- 
sequent legislation  extended  the  system  until  1899. 

The  Reform  of  1897 

The  convict  leasing  system  proved  thoroughly  bad 
in  its  effects.  Convicts  were  abused,  while  individu- 
als and  corporations  grew  rich  from  their  labor. 
Many  people  became  interested  in  reforming  the 
system,  and  in  1897  the  first  step  was  taken  in  the 
organization  of  a Prison  Commission.  This  com- 
mission, which  was  also  made  a Board  of  Pardons, 


243 


244 


History  of  Georgia 


was  directed  to  buy  a prison  farm,  where  women, 
aged  and  weak  men,  and  young  boys  were  to  be 
confined  and  made  to  do  field  work.  The  strong 
prisoners  were  divided  into  two  classes,  called  “short 
term”  convicts  and  “long  term”  convicts.  The  short 
term  convicts  (those  sentenced  for  five  years  or  less) 
were  required  by  law  to  be  used  by  the  counties  in 
working  the  public  roads.  The  long  term  convicts 
(those  sentenced  for  more  than  five  years)  and  any 
short  term  convicts  not  taken  by  the  counties  were  to 
be  leased  to  the  highest  bidder.  On  the  farm  the 
law  required  that  men  and  women,  and  whites  and 
negroes,  should  be  kept  separate,  and  that  boys  un- 
der fifteen  should  also  be  kept  to  themselves,  so  as 
to  prevent  contact  with  older  criminals. 

The  Act  of  1897  made  provision  for  caring  for 
the  welfare  of  the  prisoners,  by  requiring  the  ap- 
pointment of  wardens,  physicians,  chaplains  and 
guards,  to  be  paid  by  the  state.  Great  care  was 
taken  to  regulate  the  character  of  the  food,  clothing 
and  sleeping  arrangements.  This  revised  system  was 
established  for  five  years  following  1899,  and  in 
1903  was  extended  to  1909. 


Abolition  of  the  Leasing  System 

Despite  the  provisions  of  the  law  of  1897,  lessees 
of  convicts  continued  to  abuse  the  prisoners;  and 
criticism  of  the  system  became  so  general  that  in 
1908  the  legislature  made  a thorough  investigation 
of  the  matter.  It  was  proved  that  the  wardens  and 


History  of  Georgia 


245 


guards,  while  in  the  pay  of  the  state,  had  been  re- 
ceiving salaries  from  the  lessees;  that  instead  of 
looking  after  the  interests  of  the  prisoners,  they  had 
become  the  servants  of  the  lessees.  It  was  proved 
also  that  cruel  and  unusual  punishments  were  fre- 
quently inflicted  on  the  helpless  convicts;  and  also 


An  Improved  Road. 


that  there  had  been  gross  mismanagement  of  the 
prison  farm.  The  revelations  of  the  investigating 
committee  so  stirred  public  sentiment  that  the  legis- 
lature abolished  the  leasing  system,  by  an  Act  passed 
in  1908.  This  act  provided  for  the  continuance  of 
the  prison  farm  for  the  same  classes  that  had  been 
sent  there;  but  required  that  all  able-bodied  convicts 
be  turned  over  to  the  counties  for  use  on  the  public 
roads. 


246 


History  of  Georgia 


The  Good  Roads  Movement 

The  abolition  of  the  convict  leasing  system  not 
only  removed  a shameful  blot  on  the  fair  name  of 
Georgia,  but  has  also  been  a very  profitable  change. 
In  providing  that  the  convicts  be  used  by  the  coun- 
ties to  work  the  roads,  a cheap  and  dependable  form 
of  labor  was  provided,  and  in  the  last  decade  the 
roads  of  Georgia  have  been  marvellously  improved. 
Few  states  in  the  Union  have  been  more  active  of 
late  years  than  Georgia  in  improving  their  highways. 

State-wide  Prohibition 

For  a number  of  years  before  1907  Georgia  had 
been  a “local  option'1  state,  that  is  to  say,  the  people 
of  any  county  could  decide  by  vote  whether  or  not 
the  manufacture  and  sale  of  intoxicants  should  be 
allowed.  The  majority  of  counties  had  gone  dry, 
but  in  most  of  the  counties  containing  cities  and 
towns  of  importance  prohibition  had  made  little  pro- 
gress. The  legislature,  in  1907,  therefore  passed  an 
act  prohibiting  the  manufacture  or  sale  of  alcoholic 
drinks  in  Georgia,  thus  substituting  state-wide  pro- 
hibition for  local  option.  The  law,  however,  did 
not  state  clearly  just  what  was  to  be  included  under 
the  term  spirituous  liquors.  The  result  was  that  a 
substitute  beer,  known  as  “near-beer,”  was  manufac- 
tured and  sold;  and  social  and  athletic  clubs  con- 
tinued to  sell  intoxicants  under  the  “locker  system.” 

The  Legislature  of  1915  remedied  the  defects  of 
the  former  act  by  defining  intoxicants  as  any  drinks 


History  of  Georgia 


247 


containing  as  much  as  one-half  of  one  per  cent,  of 
alcohol.  The  act  also  prohibited  the  manufacture 
or  sale  of  near-beer;  destroyed  the  locker  system; 
prohibited  newspapers  from  carrying  advertisements 
of  liquors ; and  limited  to  a small  quantity  the  amount 
of  liquor  that  any  person  might  buy  outside  the  state 
and  have  sent  to  him.  Not  more  than  two  quarts 
of  whisky  might  be  bought  by  anyone  during  one 
month.  Even  this  slight  concession  was  withdrawn 
by  a special  session  of  the  legislature  in  1917,  which 
made  Georgia  a “bone-dry”  state,  by  prohibiting 
the  bringing  into  the  state  of  any  intoxicants,  except 
for  medicinal  or  scientific  purposes. 

The  Disfranchisement  of  the  Negroes,  1908 

In  1908  Georgia  followed  the  example  of  other 
Southern  states  in  adopting  a provision  in  her  con- 
stitution changing  the  rule  about  voting.  The  details 
of  this  new  law  are  given  on  pages  275-6.  The  gist  of 
the  law  is  that  it  requires  certain  qualifications  be- 
fore one  may  vote,  such  as  the  possession  of  a certain 
amount  of  property  or  the  rudiments  of  an  educa- 
tion. But  other  provisions  were  inserted  so  that  the 
law  would  apply  exclusively  to  negroes.  This  was 
the  only  way  in  which  the  will  of  the  people  could 
be  carried  out,  since  the  constitution  of  the  United 
States  prohibits  the  disfranchisement  of  anyone  on 
account  of  his  color.  Many  people  think  this  law 
a mistake,  as  it  permits  every  white  man  to  vote,  no 
matter  how  thriftless  and  ignorant  he  may  be;  while 


248 


History  of  Georgia 


it  provides  a stimulus  to  encourage  the  negroes  to 
acquire  property  and  education. 

Reform  in  the  Administration  of  the  Tax  Laws,  1913 

Most  of  our  state  taxes  are  raised  by  what  is 
known  as  the  general  property  tax.  Every  year 
property  owners  return  for  taxation  their  possessions 
of  every  sort.  They  are  required  to  go  before  the 
tax  receiver  and  state  under  oath  the  amount  of 
property  they  own.  This  has  proved  a poor  way  of 
raising  revenue,  because  property  owners  have  the 
custom  of  returning  their  property  at  a small  per- 
centage of  its  real  value,  and  generally  fail  to  return 
at  all  certain  forms  of  property.  This  haphazard 
system  resulted  in  great  inequalities  in  taxation.  In 
some  counties  land  was  returned  at  five  dollars  an 
acre,  and  in  others  land  of  the  same  value  was  re- 
turned at  twenty  dollars.  No  one  was  authorized  to 
review  the  returns  or  prevent  unfair  returns.  In  the 
cities  of  the  state  there  was  a much  better  system, 
assessors  being  appointed  to  put  a value  on  all  real 
estate.  This  situation  clearly  needed  improvement, 
and  in  1913  the  legislature,  after  a long  struggle, 
passed  a bill  to  revise  the  system.  The  bill  created 
a Tax  Commissioner,  with  offices  in  the  capitol,  and 
charged  him  with  the  duty  of  equalizing  the  returns 
as  between  the  different  counties.  Furthermore,  in 
the  counties  the  Boards  of  County  Commissioners 
(or  where  there  is  no  such  Board  the  Ordinary)  is 
directed  to  appoint  three  property  holders  as  tax 


History  of  Georgia 


249 


assessors.  They  are  expected  to  supervise  the  re- 
turns of  the  individual  property  owners  and  to  search 
for  property  that  has  not  been  returned. 

Summary 

Some  very  important  social  and  economic  reforms 
have  been  made  in  recent  years.  The  compulsory 
education  law  was  mentioned  in  another  chapter. 
In  addition,  the  convict  leasing  system  was  abolished 
in  1908,  the  convicts  being  placed  on  the  roads.  This 
change  made  available  a large  force  for  work  on  the 
roads  and  the  resulting  improvement  has  been  re- 
markable. The  manufacture  and  sale  of  intoxicating 
liquors  was  ended  by  a series  of  legal  enactments 
from  1907  to  1917.  In  1908  the  franchise  laws  were 
amended  so  as  to  exclude  the  negro  from  the  priv- 
ilege of  voting,  except  in  cases  where  they  own  prop- 
erty or  can  read  and  write.  Lastly,  the  lax  admin- 
istration of  the  tax  laws  has  been  remedied  by  the 
establishment  of  the  office  of  Tax  Comissioner  to 
equalize  taxes  as  between  counties,  and  the  creation 
of  county  assessors,  who  are  expected  to  prevent  as 
far  as  they  can  unfair  valuation  of  property  on  the 
part  of  individuals. 


CHAPTER  XXVIII 


THE  GREAT  WAR,  1914 

Americans  a Peace  Loving  People 

In  the  one  hundred  and  thirty-five  years  of  our 
national  life  there  have  been  only  four  wars,  namely, 
the  War  of  1812  against  England,  the  Mexican  War 
of  1846,  the  Civil  War,  and  the  Spanish-American 
War.  Ten  years  would  cover  the  war  history  of  our 
country.  We  have  waged  no  wars  of  conquest  or 
aggression,  with  the  possible  exception  of  the  Mex- 
ican War.  We  have  always  been  a peacefully  in- 
clined people;  we  dislike  war  and  standing  armies, 
and  have  never  shown  any  disposition  to  take  part 
in  the  many  wars  that  have  distracted  Europe. 

Outbreak  of  the  Great  War  in  1914 

Nothing  was  further  from  the  thought  of  the 
American  people  in  1914  than  having  to  raise  a great 
army  to  fight  on  European  soil.  We  had  no  desire 
to  attack  any  other  power  and  we  had  no  national 
enemies  of  any  consequence.  Yet  we  find  ourselves 
in  1918  amid  preparations  on  a gigantic  scale  for 
war  against  the  German  Empire  and  Austria-Hun- 
gary. It  is  not  an  easy  matter  to  understand  just 
what  were  the  causes  of  this  unfortunate  situation, 
but  it  is  the  most  important  undertaking  on  which 

250 


History  of  Georgia 


251 


our  government  has  ever  embarked  and  it  is  neces- 
sary that  everyone  should  know  the  reasons  why  our 
country  has  departed  from  its  tradition  of  indiffer- 
ence to  European  quarrels. 

European  Alliances 

For  many  years  European  nations  have  sought  to 
keep  the  peace  by  grouping  themselves  in  alliances. 
As  long  as  a country  had  powerful  allies  or  friends, 
it  was  unlikely  that  she  would  be  attacked  by  un- 
friendly nations.  All  of  the  great  powers  are  mem- 
bers of  one  of  two  great  alliances,  which  are  of  about 
equal  strength.  In  this  way  what  is  called  the  “bal- 
ance of  power”  is  preserved.  The  countries  in  an 
alliance  are  bound  to  help  each  other  in  case  of 
war,  so  that  if  any  single  nation  begins  war  it  in- 
volves the  whole  continent,  as  well  as  countries  in 
other  parts  of  the  world.  In  1914  one  of  these  great 
groups  included  the  German  Empire,  the  Austria- 
Hungarian  Empire,  and  Italy.  The  other  included 
Great  Britain,  France  and  Russia.  Japan  was  also 
in  the  latter  group.  We  shall  see  how  one  after 
another  all  of  these  countries  and  many  others  be- 
sides were  involved  in  the  Great  War. 

The  Balkan  Wars 

The  southeastern  section  of  Europe,  lying  between 
the  Adriatic,  the  Black  and  the  Aegean  Seas,  is 
known  as  the  Balkan  Peninsula.  All  of  this  penin- 
sula was  once  a part  of  the  Turkish  Empire,  whose 
capital  is  Constantinople.  The  Turks  are  not  a 


252 


History  of  Georgia 


European  people  and  are  not  Christians:  they  are 
Asiatics  and  Mohammedans.  The  people  of  the 
Balkans,  on  the  other  hand,  are  Europeans  and 
Christians.  They  were  overrun  by  the  Turks  many 
centuries  ago  and  were  always  very  cruelly  treated 
by  their  conquerors.  During  the  nineteenth  century, 
however,  one  after  another  of  these  Balkan  provinces 
revolted  and  escaped  from  Turkish  control,  setting 
up  independent  states,  such  as  Greece,  Roumania, 
Bulgaria,  Serbia,  and  Montenegro.  Finally  the  time 
came  when  Turkey  held  on  the  peninsula  only  the 
City  of  Constantinople  and  a narrow  strip  of  land 
running  across  the  middle  of  the  peninsula.  This 
land  was  called  Macedonia,  and  it  was  inhabited  by 
a mixed  population  of  Greeks,  Serbs,  Bulgarians, 
and  Turks.  The  Turkish  misgovernment  continued 
so  bad  that  in  1912  the  Balkan  States,  except  Rou- 
mania, formed  an  alliance  to  make  war  on  Turkey 
and  oust  her  from  Europe.  Turkey  was  easily  de- 
feated and  forced  back  on  the  City  of  Constantinople. 

The  Balkan  States  Fight  Among  Themselves 

Having  defeated  Turkey  and  thrust  her  out  of 
Macedonia,  the  Balkan  allies  began  to  quarrel  among 
themselves  over  the  division  to  be  made  of  Mace- 
donia. Bulgaria  claimed  more  than  the  other  states 
thought  she  ought  to  have.  Greece,  Serbia  and  Mon- 
tenegro made  an  alliance  against  Bulgaria  and  com- 
pletely defeated  her.  Roumania  took  advantage  of 
Bulgaria’s  extremity  to  invade  her  from  the  back 


History  of  Georgia 


253 


door.  Bulgaria  was  deprived  of  a large  part  of  the 
territory  that  had  been  won  principally  by  her  arms. 
The  Bulgarians,  naturally  enough,  hate  the  Greeks 
and  Serbians,  which  explains  their  entering  the  war 
on  the  German  side. 

Austria-Hungary’s  Attitude  Toward  the  Balkan  Struggle 

These  events  in  the  Balkans  were  watched  with 
great  anxiety  by  all  the  great  powers,  but  by  none 
so  much  as  Austria-Hungary.  That  country  lies  just 
north  of  Serbia,  the  Danube  River  being  the  boun- 
dary between  them.  Austria-Hungary  is  a peculiar 
country  in  that  it  consists  of  a number  of  different 
states  inhabited  by  people  of  many  different  races. 
Millions  of  Austria-Hungary’s  subjects  in  the  north- 
ern, eastern  and  southern  parts  of  the  empire  be- 
long to  the  same  race  as  the  Russians  and  Balkan 
people,  namely  the  Slavic  race.  The  Bohemians  in 
the  north  longed  to  be  a separate  state;  the  Rouma- 
nians in  Hungary  wanted  to  be  united  with  their 
kinsmen  in  Roumania;  while  the  Slavs  of  the  South 
wanted  to  be  incorporated  into  Serbia.  After  the 
Balkan  Wars  Serbia  in  particular  became  dangerous 
to  Austria,  for  Serbia  had  come  out  of  the  struggle 
with  territory  largely  increased  and  ambitious  to 
create  a Greater  Serbia  by  annexing  the  Slavs  of 
southern  Austria-Hungary.  During  the  Balkan 
Wars  Austria-Hungary  had  favored  Turkey  and 
when  the  time  came  to  make  a treaty  of  peace  she 
used  her  influence  to  prevent  Serbia  from  getting 


254 


History  of  Georgia 


a seaport  on  the  Adriatic,  the  new  state  Albania  be- 
ing created  to  keep  Serbia  from  the  sea. 

Murder  of  Crown  Prince  Ferdinand  of  Austria 

The  relations  between  Austria  and  Serbia  were, 
therefore,  not  friendly,  and  a crisis  was  reached 
when,  in  June,  1914,  a group  of  Serb  conspirators 
murdered  the  Crown  Prince  Ferdinand,  the  heir  of 
the  Austria-Hungarian  throne.  This  incident  was 
the  occasion  of  the  outbreak  of  the  Great  War. 
Austria  had  long  wanted  to  attack  Serbia  and  would 
have  done  so  during  the  Balkan  Wars,  but  for  the 
refusal  of  her  ally  Italy  to  countenance  the  move- 
ment. She  now  determined  to  take  advantage  of  the 
situation  produced  by  the  murder  of  Ferdinand  to 
put  an  end  to  all  danger  to  be  looked  for  from  Ser- 
bia, either  by  crushing  the  little  country  entirely 
and  annexing  her  or  by  so  reducing  her  in  importance 
as  to  be  negligible.  Accordingly,  Austria  presented 
an  “ultimatum”  to  Serbia  on  July  23rd,  couched  in 
terms  which  no  self-respecting  country  could  endure. 
Austria  demanded  the  acceptance  of  the  ultimatum 
within  forty-eight  hours. 

Attitude  of  the  Powers 

Russia,  the  great  Slav  power,  has  always  regarded 
herself  as  the  protector  of  the  small  Slavic  states, 
such  as  Serbia.  She  therefore  let  it  be  known  that 
she  could  not  stand  by  and  see  Serbia  destroyed  by 
Austria.  Russia,  France  and  England  asked  that 
the  dispute  between  Austria  and  Serbia  be  submit- 
ted to  an  international  court  for  settlement  by  arbi- 


History  of  Georgia 


255 


tration,  that  is,  by  discussion  rather  than  by  war. 
Serbia  herself  desired  to  submit  the  matter  to  the 
Hague  Tribunal,  an  international  court  for  the  set- 
tlement of  such  disputes.  But  Austria  declined  all 
interference. 

The  Responsibility  of  the  German  Empire 

Since  Germany  controlled  Austria,  the  decision  of 
peace  or  war  lay  with  the  former  power.  Germany, 
however,  desired  to  see  Serbia  crushed.  During  the 
Balkan  Wars,  Germany  had  done  all  she  could  to 
bolster  up  the  Turks.  She  had  large  business  in- 
terests in  Turkey  and  concessions  to  build  railroads. 
It  was  to  her  interest  to  have  a weak  Turkey  con- 
trolling the  heart  of  the  Balkans,  Macedonia,  in- 
stead of  an  energetic  state  like  Serbia,  backed  by 
Russia.  So  the  German  government  would  do  noth- 
ing to  restrain  Austria  from  attacking  Serbia,  but 
on  the  contrary  let  it  be  known  that  if  any  other 
power  interfered,  she  would  herself  join  in  to  aid 
Austria.  The  truth  is  that  the  German  ruling  classes 
desired  war  and  had  been  preparing  for  it  for  a gen- 
eration. Germany  for  forty  years  had  enjoyed  great 
prosperity;  her  population  had  grown  with  great 
rapidity;  her  commerce  had  expanded  by  leaps  and 
bounds  and  her  traders  had  penetrated  every  corner 
of  the  globe;  in  government,  in  science,  in  manufac- 
turing, and  in  many  other  respects,  Germany  was 
one  of  the  leading  nations  of  the  earth.  She  had  the 
largest  and  best  trained  army  and  a fleet  second  only 
to  England’s 


256 


History  of  Georgia 


The  German  Spirit  of  Militarism 

But  the  German  government,  controlled  as  it  is 
by  the  military  leaders  and  landed  aristocracy,  was 
not  satisfied  with  this  peaceful  development.  Fancy- 
ing themselves  able  to  conquer  the  world,  the  Ger- 
mans dreamed  of  re-establishing  a sort  of  Roman 
Empire.  Sooner  or  later  Germany  expected  to  strike 
for  world  dominion  and  1914  seemed  an  extraordi- 
narily favorable  time  to  do  so.  She  knew,  of  course, 
that  France  was  bound  to  help  Russia  and  that  Eng- 
land and  France  were  in  alliance;  but  the  Germans 
thought  no  one  of  these  three  great  nations  was  in 
a position  to  do  any  serious  fighting,  and,  indeed, 
it  was  confidently  believed  in  Germany  that  Eng- 
land would  not  enter  the  war  at  all.  Russia  had 
only  a short  time  before  been  defeated  in  war  by 
Japan  and  was  in  1914  in  the  midst  of  great  internal 
commotions;  France  had  only  recently  adopted  a 
law  requiring  three  years  military  service  and  the 
country  was  rent  in  two  by  angry  discussions  over 
this  very  unpopular  law;  while  England  was  con- 
fronted by  the  probability  of  civil  war  over  the  Irish 
question. 

Beginning  of  the  War,  July,  1914 

Serbia  having  refused  the  Austrian  demands,  the 
latter  country  declared  war  on  July  28th.  Russia  at 
once  came  to  Serbia’s  assistance.  Germany  declared 
war  on  Russia  August  1st  and  on  France  August  3rd. 
Germany  then  began  a movement  on  France,  with 
the  intention  of  quickly  crushing  her  before  Russia 
could  mobilize  her  great  armies.  The  easiest  way 


History  of  Georgia 


257 


into  France  lies  through  Belgium,  and  in  total  dis- 
regard of  the  fact  that  she  had  pledged  her  national 
honor  never  to  do  so,  Germany  sent  her  armies  into 
that  little  country.  England  was  hesitating  as  to 
whether  she  should  take  sides  in  the  struggle;  the 
invasion  of  Belgium  turned  the  scales  in  favor  of 
war  with  Germany,  because  England  had  also  agreed 
never  to  violate  Belgian  neutrality  but  to  defend  it. 
England  therefore  declared  war  on  Germany.  Be- 
lieving the  Teutonic  powers  the  stronger  and  hoping 
to  recover  the  losses  which  she  had  suffered  in  the 
former  wars,  Bulgaria  joined  in  with  Germany  and. 
Austria.  Turkey  was  completely  under  the  control 
of  Germany  and  also  entered  on  that  side.  Italy  was 
in  alliance  with  Germany  and  Austria.  She,  how- 
ever, refused  to  take  their  part,  holding  that  they 
were  at  fault.  Subsequently  she  joined  the  “Allies,” 
as  the  Western  powers  are  called.  Since  then  many 
other  countries  have  thrown  in  their  lot  with  the 
Allies,  among  them  Japan,  Portugal,  Roumania,  and 
a number  of  American  republics. 

Attitude  of  the  United  States 

From  the  first  the  sympathies  of  the  people  of  the 
United  States  were  strongly  against  the  “Central 
Powers,”  as  Germany  and  her  allies  are  called.  This 
feeling  was  due  to  our  kinship  with  England,  to  our 
affection  for  the  French  people,  who  aided  us  in 
our  struggle  for  independence;  and  in  part  to  the 
conviction  that  the  Allies  were  fighting  on  the  side 
of  the  right,  to  defend  Europe  from  being  overrun 


258 


History  of  Georgia 


by  a military  despotism.  Our  leading  public  men 
held  that  this  was  a battle  between  free  governments, 
controlled  by  the  people,  and  monarchial  govern- 
ments over  which  the  people  had  no  control.  Never- 
theless, we  had  no  specific  grievance  against  the  Cen- 
tral Powers,  and  President  Woodrow  Wilson  issued 
a declaration  of  neutrality,  which  meant  that  we 
would  treat  both  groups  of  belligerents  alike. 

The  British  Blockade ; the  Submarine  Issue 

Great  Britain  has  never  maintained  a large  stand- 
ing army.  As  England  has  kept  her  navy  up  to  a 
strength  greater  than  that  of  any  other  nation,  the 
narrow  channel  which  cuts  off  the  island  from 
Europe  has  made  it  unnecessary  for  her  to  become 
a military  power.  England’s  strength  in  her  wars 
has  always  been  her  ability  to  control  the  seas  by 
her  men-of-war.  As  soon  as  she  declared  war  against 
Germany  in  1914,  the  British  navy  swept  from  the 
seas  all  German  battleships  and  merchantmen.  Eng- 
land then  declared  Germany  to  be  in  a state  of  block- 
ade, which  meant  that  England  would  stop  all  ves- 
sels attempting  to  carry  on  trade  with  Germany. 
In  modern  times,  the  ability  to  cripple  the  trade  of 
the  enemy  is  one  of  the  most  powerful  weapons  of 
war.  In  stopping  vessels  and  searching  them  for 
contraband  of  war,  England  violated  no  rule  of  in- 
ternational law.  She  did  indeed  stretch  the  term 
“contraband”  to  include  all  goods  whatsoever,  but 
the  world  was  willing  to  submit  to  this,  because  the 
neutral  countries  desired  to  see  the  Allies  win. 


History  of  Georgia 


259 


The  Germans,  being  inferior  in  naval  strength, 
were  unable  to  strike  back  at  England  by  any  ordi- 
nary means.  But  she  had  developed  the  submarine 
and  believed  this  new  weapon  would  enable  her  to 
conquer  England.  She  therefore  declared  Great 
Britain  in  a state  of  blockade  and  notified  the  world 
of  her  intention  to  use  the  submarine  for  enforcing 
this  blockade.  The  use  of  the  submarine  in  this  way 
is  an  intolerable  breach  of  international  law,  which 
requires  that  merchantmen  attempting  to  run  the 
blockade  shall  be  stopped,  visited  and  searched  for 
contraband;  and  the  crew  and  passengers  must  not 
be  harmed.  It  is  impossible  for  a submarine  to  visit 
and  search  a ship.  The  only  thing  it  can  do  is  sink 
the  vessel,  regardless  alike  of  its  mission  and  of  the 
safety  of  the  human  beings  aboard. 

The  United  States  Declares  War  on  Germany,  April,  1917 
The  entrance  of  the  United  States  into  the  war 
was  due  primarily  to  Germany’s  unrestricted  use  of 
the  submarine.  Public  opinion  in  the  country  was 
terribly  aroused  by  the  sinking  of  several  vessels  and 
the  loss  of  American  lives,  notably  in  the  destruc- 
tion of  the  Lusitania.  President  Wilson  threatened 
to  break  relations  with  Germany,  unless  this  prac- 
tice was  discontinued,  and  in  May,  1916,  seemed  to 
have  settled  the  matter  with  Germany,  when  the 
latter  country  agreed  not  to  sink  vessels  without 
warning  and  to  make  provision  for  the  safety  of 
the  crews.  The  German  government  has  since  con- 


260 


History  of  Georgia 


fessed  that  it  had  no  intention  to  abide  by  this  agree- 
ment, but  made  it  only  for  the  purpose  of  gaining 
time  for  constructing  more  submarines.  Meanwhile, 
it  became  known  that  German  agents  in  the  United 
States  were  causing  strikes  in  our  factories,  were 
destroying  munitions  plants  and  railroad  bridges, 
fomenting  opposition  wherever  possible  to  the  gov- 
ernment, and  seeking  to  induce  Japan  and  Mexico 
to  attack  us.  Finally,  in  January,  1917,  Germany 
announced  her  intention  to  resume,  on  February  1st, 
the  unrestricted  submarine  warfare.  President  Wil- 
son at  once  dismissed  the  German  ambassador,  thus 
severing  relations  with  Germany.  This  act,  how- 
ever, had  no  effect  and  on  April  6th,  Congress 
declared  war.  On  December  7th,  war  was  also  de- 
clared against  Austria. 

Our  entrance  into  the  war  may  be  briefly  stated 
to  have  been  due  to  three  causes: 

First.  National  interest  and  honor  required  that 
we  resent  the  conduct  of  Germany  in  killing  our 
citizens,  engaged  in  a perfectly  legal  business  on  the 
seas. 

Second.  The  American  people  had  become  con- 
vinced that  it  was  their  duty  to  assist  the  democracies 
of  the  world  in  their  deadly  conflict  with  ruthless 
autocracies.  France  and  England  stand  for  the 
things  we  love  and  wish  to  see  perpetuated,  such  as 
free  government,  individual  liberty  and  honor  in 
international  relations.  Germany  stands  for  the 
things  we  hate  and  wish  to  see  destroyed,  such  as 


History  of  Georgia 


261 


military  and  autocratic  government,  the  doctrine 
that  might  makes  right,  the  worship  of  war  as  a good 
in  itself. 

Third.  Most  important  of  all  was  the  motive  of 
self-defense.  In  revenge  for  our  having  furnished 
munitions  and  money  to  the  Allies,  the  Germans 
fully  intended,  should  France  and  England  be 
crushed,  to  attack  the  United  States,  and  make  us 
pay  the  cost  of  the  war.  Had  Germany  been  able 
to  bring  against  us  the  combined  fleets  of  her  allies 
and  those  of  England  and  France,  it  would  not  have 
been  possible  for  us  to  defend  ourselves.  England 
and  France  have  been  our  protection.  It  was  time 
we  were  shouldering  part  of  the  burden  of  the  war, 
and  we  are  fortunate  in  being  able  to  fight  in 
Europe  instead  of  on  our  own  soil. 

Preparations  of  the  United  States 

Up  to  the  present  time  the  United  States  has  not 
been  an  important  factor  in  the  war,  so  far  as  actual 
fighting  is  concerned.  Our  country,  however,  is 
supplying  a large  part  of  the  food  and  quantities 
of  the  munitions  being  used  by  the  Allies.  Prepa- 
rations are  being  made  to  put  millions  of  Americans 
in  France  within  the  next  two  years.  Congress  has 
voted  billions  of  money  for  this  purpose  and  has 
passed  a conscription  bill,  making  military  service 
compulsory  on  certain  classes  of  our  population. 
Camps  have  been  established  at  convenient  places 
for  the  training  of  officers,  and  great  masses  of  young 
men  are  now  in  cantonments  for  preliminary  train- 


262 


History  of  Georgia 


ing.  A huge  shipbuilding  program  is  under  way, 
which  will  in  time  enable  us  to  put  out  ships  faster 
than  they  are  being  sunk  by  submarines.  Many 
millions  are  being  spent  in  building  flying  machines 
and  in  training  aviators.  So  great  are  the  resources 
of  the  nation  and  so  determined  is  the  spirit  with 
which  we  entered  the  war,  that  in  all  likelihood, 
the  United  States  will  be  the  determining  factor  in 
the  struggle. 

Georgia  in  the  War 

It  is  too  early  as  yet  to  speak  except  in  the  most 
general  terms  of  Georgia’s  participation  in  the  war. 
Our  people,  however,  have  shown  their  patriotism 
in  many  ways.  Georgians  have  bought  millions  of 
dollars’  worth  of  Liberty  Bonds  and  War  Savings 
Certificates,  and  have  subscribed  large  amounts  to 
the  Red  Cross  and  Y.  M.  C.  A.  funds.  They  are 
cheerfully  bearing  the  great  burdens  of  taxation  nec- 
essary in  the  emergency;  they  are  economizing  in 
the  use  of  foodstuffs  desired  by  our  allies  and  by 
our  armies,  and  our  farmers  are  raising  more  food 
crops  than  ever  before.  Our  young  men  flocked  to 
the  training  camps  and  thousands  of  them  now  hold 
commissions  as  officers  in  the  new  armies.  Two  of 
the  officers’  training  camps  are  located  in  this  state, 
one  at  Fort  McPherson,  near  Atlanta;  the  other, 
Fort  Oglethorpe,  at  Chickamauga.  Three  of  the 
great  cantonments  also  are  in  Georgia,  namely, 
Camp  Wheeler,  at  Macon;  Camp  Gordon,  at  At- 
lanta; and  Camp  Hancock,  at  Augusta. 


CHAPTER  XXIX 


SOME  GREAT  GEORGIANS 

For  ages  it  has  been  the  practice  of  historians 
to  confine  their  writings  to  political  and  military 
history.  Great  statesmen  and  military  leaders  have 
held  the  attention  of  the  world,  to  the  neglect  of 
men  whose  services  to  the  state,  though  less  brilliant, 
have  been  by  no  means  less  important.  It  would 
be  unfortunate  if  you  should  come  to  feel  that  fame 
cannot  be  won  except  in  politics  and  war.  In  science, 
literature-,  journalism,  education,  and  law,  Georgia 
has  produced  men  of  eminence.  Within  a single 
brief  chapter  it  is  impossible  to  refer  by  name  to 
all  the  men  whose  memories  should  be  kept  alive. 
You  will  find  them  all  adequately  treated  in  the 
larger  books  referred  to  in  the  Appendix  (p.  289). 
Some  half-dozen  names,  however,  stand  out  clearly 
in  the  several  professions. 

Crawford  Williamson  Long  (1815-1878) 

Dr.  Long  ranks  first  among  Georgia’s  men  of 
science,  his  fame  being  due  to  his  discovery  of  the 
use  of  sulphuric  ether  in  deadening  pain.  Dr.  Long 
was  born  in  Madison  County.  When  old  enough 
to  go  to  college,  he  matriculated  in  the  University 
of  Georgia,  and  while  there  was  a room-mate  of 

263 


264 


History  of  Georgia 


Alexander  H.  Stephens.  It  is  interesting  to  note 
that  these  two  Georgians  were  after  many  years 
selected  as  our  representatives  in  Statuary  Hall  at 
Washington. 

Being  graduated  from  the  University  in  1835, 
and  having  decided  on  medicine  as  a profession, 
Long  entered  the  University  of  Pennsylvania,  and 
was  graduated  from  the  medical  department  in  1839. 
He  returned  to  Georgia  and  located  at  Jefferson, 
Jackson  County.  At  that  time  “nitrous  oxide  parties” 
were  a popular  social  amusement.  Persons  inhaling 
this  gas  became  hilarious  and  amused  the  spectators 
by  their  antics.  Dr.  Long  tried  sulphuric  ether  and 
found  that  it  had  the  same  effect.  He  made  the 
discovery  that  young  men  paid  no  attention  to 
bruises  and  hurts  received  while  under  the  influence 
of  the  ether,  and  this  suggested  the  possibility  of 
giving  the  ether  to  patients  before  performing  sur- 
gical operations.  In  1842  he  removed  a tumor  from 
the  neck  of  a patient  to  whom  ether  had  been  admin- 
istered. This  was  the  first  use  of  anaesthetics  in 
surgery. 

Other  physicians,  Wells,  Jackson  and  Morton, 
were  experimenting  along  the  same  line,  and  ail 
seem  to  have  made  independent  discovery  of  the 
principle  of  anaesthesia.  But  Dr.  Long’s  discovery 
preceded  theirs,  and  though  a long  and  angry  dis- 
cussion followed,  the  medical  world  now  acknowl- 
edges the  Georgia  physician’s  priority.  The  Uni- 
versity of  Pennsylvania  has  recently  unveiled  a tablet 


History  of  Georgia 


265 


to  Long’s  memory,  proclaiming  him  as  the  discoverer 
of  anaesthesia,  and  a monument  to  him  has  been 
erected  in  one  of  the  streets  of  Paris. 

It  need  scarcely  be  said  that  no  more  important 
discovery  has  ever  been  made  than  this.  Few  surgi- 
cal operations  of  importance  are  now  made  until 
ether  has  been  given.  How  many  lives  have  been 
saved,  how  much  pain  has  been  eased  by  this  con- 
tribution of  a Georgia  physician  to  the  science  of 
medicine ! 

Sidney  Lanier  (1842-1881) 

While  Georgia  has  produced  more  men  of  action 
than  literary  geniuses,  some  of  our  poets  and 
prose  writers  have  won  more  than  local  fame.  Of 
the  poets,  Sidney  Lanier  is  by  far  the  greatest. 
Working  under  the  disadvantages  of  ill  health  and 
poverty,  it  is  remarkable  how  much  he  accomplished 
in  his  brief  life  of  thirty-nine  years.  Lanier  ranks 
first  not  only  among  Southern  poets,  but  is  rapidly 
obtaining  recognition  as  perhaps  the  greatest  of 
American  poets.  Oddly  enough,  Southerners  are 
much  more  familiar  with  even  the  second-rate  poets 
of  other  sections  than  with  their  own  Lanier. 
In  addition  to  his  wonderful  skill  in  putting  his 
thoughts  into  verse  form,  Lanier  was  an  able  prose 
writer,  an  accomplished  musician  and  a lecturer  on 
English  literature.  He  was  the  author  of  several 
volumes  of  prose,  was  considered  one  of  the  best 
flute  players  in  America  while  playing  in  the  Pea- 


266 


History  of  Georgia 


body  Symphony  Orchestra  at  Baltimore,  and  lec- 
tured for  a time  on  English  literature  at  the  Johns 
Hopkins  University. 

Lanier’s  message  was  to  all  mankind.  He  rose 
above  merely  local  interests,  and  appealed  to  the 
mind  and  heart  of  the  race.  The  most  noted  of  his 
poems  are  “The  Marshes  of  Glynn”  and  the  “Song 
of  the  Chattahoochee,”  which  immortalize  two 
widely  different  physical  characteristics  of  Georgia; 
the  “Symphony,”  “Corn,”  and  “Sunrise.” 

George  Foster  Pierce  (1811-1884) 

George  Foster  Pierce,  destined  to  become  Geor- 
gia’s most  famous  preacher  and  one  of  her  leading 
educators,  was  graduated  at  eighteen  from  the  Uni- 
versity of  Georgia.  He  became  a Methodist  circuit 
rider,  the  only  college  trained  man  in  the  conference 
at  the  time  he  joined.  While  still  a very  young  man, 
Mr.  Pierce  was  regarded  as  one  of  the  leading  men 
in  his  profession.  He  became  a Bishop  at  forty- 
three. 

Wesleyan  Female  College  at  Macon  has  the  dis- 
tinction of  being  the  oldest  chartered  female  college 
with  the  power  to  confer  degrees.  When  it  was 
opened  in  1839,  Mr.  Pierce,  then  only  twenty-eight 
years  old,  became  its  first  president.  The  institution 
became  involved  in  financial  difficulties,  and  Pierce 
resigned  to  canvass  for  funds  for  it.  He  succeeded 
in  having  the  college  bought  by  the  Methodist  Con- 
ference, and  it  has  since  been  under  the  control  of 


History  of  Georgia 


267 


that  church.  Nine  years  later  (1848),  Mr.  Pierce 
became  president  of  Emory  College,  retaining  this 
post  until  his  election  as  Bishop  in  1854.  After  the 
War,  Emory  was  in  a thoroughly  disorganized  con- 
dition. Bishop  Pierce  again  came  to  the  rescue  and 
revived  the  institution. 

The  esteem  in  which  Bishop  Pierce  was  univer- 
sally held  is  indicated  by  the  words  of  General 
Robert  Toombs:  “Bishop  Pierce  was  the  greatest 

man  I ever  knew.  He  was  the  most  beautiful  in 
person,  the  purest  in  morals,  and  the  greatest  in 
intellect.” 

Henry  Woodfin  Grady  (1851-1889) 

What  other  Georgian  now  occupies  so  firm  a place 
in  the  affections  of  our  people  as  Henry  Grady! 
Born  during  the  excitement  of  the  Compromise  of 
1850,  his  early  youth  was  spent  in  the  midst  of  prepa- 
rations for  war,  listening  to  tales  of  battle,  and  later 
to  harassing  accounts  of  Reconstruction.  That  his 
mission  in  life  should  have  been  to  restore  cordial 
relations  between  the  North  and  South  is  amazing 
in  view  of  his  youthful  experiences. 

Born  in  Athens,  Henry  Grady  matriculated  at  the 
University  of  Georgia  and  was  a member  of  the 
class  of  1868;  and  later  he  took  a course  in  the  Uni- 
versity of  Virginia.  At  both  institutions  he  made 
a reputation  as  an  orator.  Choosing  journalism  as 
a profession,  Mr.  Grady  went  to  New  York  to  seek 
a position.  We  let  him  tell  his  own  experience  when 


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he  applied  to  the  New  York  Herald : “The  Herald 
manager  asked  me  if  1 knew  anything  about  politics. 
I replied  that  I knew  very  little  about  anything  else. 
‘Well  then,’  he  said,  ‘sit  at  this  desk  and  write  me 
an  article  on  State  Conventions  in  the  South.’  With 
these  words  he  tossed  me  a pad  and  left  me  alone 
in  the  room.  When  my  taskmaster  returned  I had 
finished  the  article  and  was  leaning  back  in  my 
chair  with  my  feet  on  the  desk.  ‘Why,  Mr.  Grady, 
what  is  the  matter?’  asked  the  managing  editor. 
‘Nothing,’  I replied,  ‘except  that  I am  through.’ 
‘Very  well,’  he  said,  ‘leave  your  copy  on  the  desk,  and 
if  it  amounts  to  anything  I will  let  you  hear  from 
me.  Where  are  you  stopping?’  I replied,  ‘At  the 
Astor  House.’ 

“Early  next  morning,  before  getting  out  of  bed, 
I rang  for  a bell  boy  and  ordered  the  Herald.  1 
actually  had  not  strength  enough  to  get  up  and  dress 
myself  until  I could  see  whether  or  not  my  article 
had  been  used.  I opened  the  Herald  with  trem- 
bling hand,  and  when  I saw  that  ‘State  Conventions 
in  the  South’  was  on  the  editorial  page  I fell  back 
on  the  bed,  buried  my  face  in  the  pillow  and  cried 
like  a child.  When  I went  back  to  the  Herald 
office  that  day  the  managing  editor  received  me 
cordially  and  said:  ‘You  can  go  back  to  Georgia, 

Mr.  Grady,  and  consider  yourself  in  the  employ  of 
the  Herald 

Mr.  Grady  returned  to  Georgia  and  was  at  once 
offered  a place  on  The  Atlanta  Constitution,  a posi- 


History  of  Georgia 


269 


tion  which  did  not  interfere  with  his  duties  as  corre- 
spondent for  the  Herald.  He  made  the  Constitu- 
tion the  greatest  of  Southern  newspapers.  His  repu- 
tation as  a journalist  and  orator  grew  with  every 
year,  and  in  1886  he  was  honored  by  an  invitation  to 
address  the  New  England  Society.  His  subject  was 
“The  New  South.”  It  may  well  be  doubted  whether 
any  other  speech  delivered  in  the  United  States  since 
the  war  has  commanded  such  attention  from  the  na- 
tion. It  was  a powerful  plea  for  a reunited  country, 
and  had  a wonderful  effect  in  softening  the  hearts  of. 
men  in  the  two  sections.  After  this  speech,  Grady 
was  constantly  in  demand  as  an  orator,  and  delivered 
many  notable  addresses,  one  of  the  most  famous  of 
which  was  delivered  in  Boston  a few  months  before 
his  death,  in  his  thirty-eighth  year.  On  his  tomb- 
stone are  these  words : “When  he  died  he  was 

literally  loving  a nation  into  peace.” 

Joel  Chandler  Harris  (1848-1908) 

Among  our  prose  writers  several  mep  would  re- 
ceive attention  in  a more  extended  work  than  this. 
Judge  A.  B.  Longstreet,  author  of  “Georgia 
Scenes”;  Charles  H.  Smith,  better  known  as  “Bill 
Arp”;  Richard  Malcolm  Johnston,  who,  in  interest- 
ing novels,  has  sketched  Middle  Georgia  life  of  half 
a century  ago;  Charles  Colcock  Jones,  whose  history 
of  Georgia  has  been  pronounced  the  best  of  the  state 
histories;  Will  N.  Harben,  whose  stories  of  the 
Georgia  mountaineers  have  won  for  him  a nation- 
wide audience:  the  works  of  these  and  many  others 


270 


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should  be  familiar  to  every  Georgia  boy  and  girl. 
We  are  all,  happily,  familiar  with  the  wonderful 
stories  of  Joel  Chandler  Harris.  Only  he  and  Sid- 
ney Lanier  have  won  the  recognition  of  the  world 
at  large. 

Born  and  reared  in  the  Black  Belt  of  Georgia,  Mr. 
H arris  had  a keen  appreciation  of  the  oddities  of 
negro  character  and  no  one  has  ever  equalled  him  in 
reproducing  the  negro  dialect.  His  Uncle  Remus 
and  other  boo’ks  are  read  in  every  land  where  English 
is  spoken.  “The  Wren’s  Nest,”  Mr.  Harris’  home 
in  Atlanta,  has  been  bought  by  popular  subscriptions 
and  is  to  be  preserved  as  a memorial  to  the  great 
humorist.  In  addition  to  his  dialect  stories,  Mr. 
Harris  was  the  author  of  several  works  in  more  seri- 
ous vein,  among  others  a charming  little  volume 
called  “Stories  of  Georgia.” 

Logan  Edwin  Bleckley  (1827-1907) 

In  Georgia  the  law  has  always  been  very  attrac- 
tive to  men  of  great  ability.  Sketches  of  many  of 
the  eminent  lawyers  of  the  state  have  been  given  in 
their  appropriate  places.  Many  others  might  be 
mentioned,  such  as  Eugenius  A.  Nisbet,  chairman  of 
the  Committee  that  drew  up  the  Ordinance  of  Seces- 
sion in  1861;  Francis  S.  Bartow,  killed  in  the  first 
battle  of  Manassas;  Joseph  H.  Lumpkin,  first  Chief 
Justice  of  the  Supreme  Court  of  Georgia;  Joseph  R. 
Lamar,  appointed  by  President  Taft  as  Associate 
Justice  of  the  Supreme  Court  of  the  United  States; 
Charles  F.  Crisp,  Speaker  of  the  National  House  of 


History  of  Georgia 


271 


Representatives,  in  the  53rd  Congress;  Walter  B. 
Hill,  who  gave  up  his  practice  to  become  Chan- 
cellor of  the  University  and  restore  the  institution  to 
its  rightful  position  in  the  state;  Augustus  O.  Bacon, 
United  States  Senator.  Members  of  the  bar  them- 
selves, however,  would  probably  agree  that  former 
Chief  Justice  Logan  E.  Bleckley  was  the  most  accom- 
plished jurist  the  state  has  produced. 

Judge  Bleckley  was  born  in  Rabun  County,  Geor- 
gia. Frail  and  sickly,  young  Bleckley  cared  little 
for  the  ordinary  pleasures  of  boys  of  his  age,  but 
devoted  himself  to  hard  study.  He  had  no  monev 
to  pay  for  a school  or  college  education,  or  even  to 
buy  books.  Nevertheless,  he  prepared  himself  to 
stand  the  bar  examinations  and  was  admitted  to  prac- 
tice in  1846.  There  was  but  little  to  do  in  his  remote 
mountain  county,  and  he  was  forced  to  suspend  his 
practice  and  take  employment  as  a bookkeeper  for 
the  State  Railroad.  He  later  became  one  of  the  gov- 
ernor’s secretaries;  and  in  1864  was  made  a Supreme 
Court  reporter.  In  1875  he  was  appointed  to  th.e 
Supreme  Court,  but  the  work  proved  too  severe  and 
he  retired  five  years  later.  He  was  subsequently 
made  Chief  Justice  and  held  the  office  until  his  final 
retirement  in  1894.  Judge  Bleckley  made  an  ex- 
traordinary impression  on  the  lawyers  who  practiced 
in  his  court.  A poet  of  no  mean  ability;  bubbling 
over  with  wit  and  humor;  profoundly  versed  in  legal 
principles,  he  ranks  as  one  of  the  great  jurists  of  our 
time.  Some  of  his  decisions  have  been  'given  a; 


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place  in  the  compilation  known  as  “Great  Decisions 
by  Great  Judges.” 

Mr.  Justice  Lamar  in  a sketch  of  Judge  Bleckley 
says  that  his  opinions  “are  the  most  quotable  extant, 
and  sparkle,  not  with  an  occasional,  but  with  a mul- 
titude of  sayings — pithy,  humorous,  wise;  couched  in 
language  so  perfect  that  they  charm  both  the  layman 
and  the  lawyer.  * * * But  Judge  Bleckley’s  repu- 
tation does  not  rest  upon  his  brilliant  sentences. 
They  are  but  the  flashes  of  his  genius.  His  sure  and 
national  reputation  as  a great  judge  rests  upon  the 
solidity  of  his  learning,  his  profound  knowledge  of 
the  law,  and  the  value  of  his  opinions  contained  in 
the  Georgia  Reports.” 


QUESTIONS  FOR  LOCAL  STUDY 

1.  What  great  men  or  women  were  born  or  lived 
in  your  county?  Write  an  account  of  their 
lives,  showing  the  service  they  rendered  to  the 
State  or  the  nation.  Include  in  your  study 
not  only  statesmen  and  warriors,  but  editors, 
doctors,  inventors,  teachers,  preachers,  etc. 


CHAPTER  XXX 


THE  CIVIL  GOVERNMENT  OF  GEORGIA 
The  Constitution  of  1877 

The  last  constitution  of  Georgia  of  which  mention 
was  made  was  the  Constitution  of  1798.  Under  this 
constitution  and  the  amendments  thereto,  Georgians 
lived  until  the  War  between  the  States.  "That  strug- 
gle produced  three  constitutions,  in  1861,  1865,  and 
1868,  respectively.  The  Constitution  of  1868,  though 
regarded  by  lawyers  as  on  the  whole  a very  good  one, 
had  some  objectionable  features  and  was  made  by 
the  “carpetbag”  and  “scalawag”  convention  of  1868. 
After  the  Democrats  regained  control  a demand 
arose  for  a new  constitution,  and  accordingly  a con- 
vention was  held  in  1877  and  the  constitution  made 
which  is  given  in  the  appendix.  The  following 
paragraphs  are  an  analysis  of  the  government  of 
Georgia  as  set  forth  in  the  Constitution  of  1877  and 
the  amendments  made  from  time  to  time. 

The  Bill  of  Rights 

The  first  Article  of  the  Constitution  is  called  the 
Bill  of  Rights.  In  it  the  people  are  guaranteed 
those  rights  which  our  English  ancestors  and  colonial 
fathers  fought  to  secure.  Such  rights  are  trial  by 
jury;  the  right  of  a person  charged  with  a crime 


273 


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History  of  Georgia 


to  have  a copy  of  the  accusation  and  a list  of  the 
witnesses  on  whose  testimony  the  charge  is  brought; 
the  right  to  the  writ  of  habeas  corpus ; the  right  of 
religious  freedom,  of  freedom  of  the  press  and  free 
speech.  The  Bill  of  Rights  protects  the  citizen  from 
arbitrary  arrest  and  his  person  and  property  from 
arbitrary  search.  The  possession  of  these  rights 
makes  us  a civilized  nation;  they  are  not  found  in 
barbarous  countries  nor  in  those  ruled  by  despots. 

The  Right  to  Vote 

The  most  important  right  we  have  is  that  of  self- 
government.  This  right  is  exercised  through  the 
power  of  the  vote.  The  Constitution  creates  a ma- 
chinery of  government,  described  below,  and  pro- 
vides for  certain  officers  to  conduct  this  government. 
The  people  control  the  officers  through  the  exercise 
of  the  ballot  or  franchise.  Should  the  elected  offi- 
cers undertake  to  violate  any  rights  of  the  people, 
they  may  be  turned  out  of  office  at  the  next  election. 

Before  the  War  between  the  States  the  individual 
states  made  such  laws  as  they  desired  in  the  matter 
of  voting.  Georgia  allowed  only  white  men  over 
twenty-one  years  of  age  to  vote.  But  the  Fifteenth 
Amendment  to  the  Constitution  of  the  United  States 
required  that  no  distinction  in  this  matter  be  made 
on  account  of  “race,  color  or  previous  condition  of 
servitude.”  Hence  the  negroes  became  voters.  In 
1908,  Georgia  adopted  a scheme  already  resorted  to 
bv  other  states  to  get  rid  of  the  negro  vote.  The 


History  of  Georgia 


275 


Constitution  was  amended  so  as  to  make  the  suffrage 
law  read  as  follows: 

1.  Males  who  are  citizens  of  the  state  and  of 
the  United  States,  not  less  than  twenty-one  years  of 
age,  and  not  disqualified  by  any  provisions  of  the 
law,  are  electors. 

2.  Before  being  entitled  to  register  and  vote,  one 
must  have  resided  in  the  state  a year  next  preceding 
the  election  and  in  the  county  in  which  he  offers  to 
vote  at  least  six  months;  must  have  paid  all  taxes 
required  since  the  adoption  of  the  Constitution  of 
1877;  and  such  payment  of  taxes  must  be  made  at 
least  six  months  prior  to  the  election  at  which  he 
proposes  to  vote,  except  when  such  election  is  held 
within  six  months  from  the  expiration  of  the  time 
fixed  by  law  for  the  payment  of  taxes. 

3.  In  addition  to  the  two  clauses  above,  the  pros- 
pective voter  must  fall  within  at  least  one  of  the  fol- 
lowing five  classes  (Amendment  of  1908)  : 

a.  He  must  have  served  honorably  in  some  war 
in  which  the  United  States  has  engaged  or  in  the 
War  between  the  States;  or 

b.  Be  lawfully  descended  from  some  veteran;  or 

c.  be  of  good  character,  and  understand  the  duties 
and  obligations  of  citizenship  under  a republican 
form  of  government;  or 

d.  Be  able  to  read  correctly  in  English  any  para- 
graph of  the  Constitution  of  the  United  States  or  of 
his  state,  and  write  the  same  correctly  in  English;  or 

e.  Own  at  least  forty  acres  of  land  situated  in 


276 


History  of  Georgia 


this  state,  upon  which  he  resides;  or  be  the  owner 
of  property  in  this  state,  assessed  for  taxation  at  not 
less  than  five  hundred  dollars. 

The  right  to  vote  is  withheld  from  persons  con- 
victed of  crime,  unless  they  have  been  pardoned;  and 
from  idiots  and  insane  persons. 

The  object  of  clauses  3 (a),  (b),  and  (c)  was  to 
prevent  the  disfranchisement  of  any  white  man  who 
already  had  the  vote.  The  first  of  these  three 
clauses  is  a just  one,  since  a man  who  has  fought  for 
his  country  is  entitled  to  vote.  Clause  3 (b)  was  of 
only  temporary  force,  as  the  law  stated  that  all  who 
did  not  register  as  coming  under  the  provisions  of 
the  clause  by  January  1,  1915,  should  be  denied  the 
privilege  thereafter.  Clause  3 (c)  has  no  justifica- 
tion, unless  it  be  applied  fairly  to  both  races. 

The  effect  of  this  electoral  law  is  to  disfranchise 
all  negroes  who  have  not  the  property  or  educational 
qualification,  but  to  allow  any  white  man,  however 
ignorant  or  thriftless,  the  right  to  vote.  It  there- 
fore stimulates  the  colored  man  to  qualify  himself 
for  the  privilege  of  voting,  but  does  not  stimulate 
the  white  man  who  is  illiterate  or  without  property .* 
Many  negroes  vote  under  the  last  two  clauses  of  the 
amendment. 

The  Three  Branches  of  Government 

The  government  created  by  the  Constitution  con- 
sists of  an  Executive,  a Legislative,  and  a Judicial 
Department.  The  Executive  is  the  Governor,  Sec- 
retary of  State,  Comptroller-General,  Treasurer,  and 


History  of  Georgia 


277 


a number  of  administrative  Boards,  such  as  the 
Prison  Commission  and  the  Railroad  Commission. 
The  Legislative  consists  of  a Senate  and  a House  of 
Representatives;  while  under  the  Judiciary  come 
the  Supreme  Court,  the  Court  of  Appeals,  the  Su- 
perior Courts,  and  certain  inferior  courts. 

EXECUTIVE  DEPARTMENT 
The  Governor 

The  Governor  is  elected  by  popular  vote  for  a 
term  of  two  years.  He  may  run  for  re-election,  but 
after  a second  term  is  not  again  eligible  until  after 
four  years.  Residence  in  the  United  States  for  fifteen 
ye#ars  and  in  Georgia  six  years  are  required  of  the 
Governor;  and  he  must  be  not  less  than  thirty  years 
of  age.  The  salary  is  $5,000.00  per  annum.  The 
duties  of  the  Governor  are  many  and  important.  He 
is  commander-in-chief  of  the  military  forces  of  the 
state;  has  power  to  grant  reprieves  and  pardons,  ex- 
cept in  cases  of  treason  and  impeachment;  is  empow- 
ered to  fill  by  appointment  many  important  offices, 
and  to  fill  unexpired  terms  in  some  elective  offices, 
such  as  the  United  States  Senatorship.  The  Gover- 
nor can  veto  all  bills  passed  by  the  legislature,  but 
a two-thirds  vote  of  both  houses  of  the  legislature  sets 
aside  his  veto. 

The  Secretary  of  State 

The  Secretary  of  State  performs  many  important 
duties,  among  which  may  be  mentioned  the  duty  of 
preserving  the  original  acts  and  journals  of  the  legis- 


278 


History  of  Georgia 


lature,  as  well  as  other  public  documents;  he  is  also 
keeper  of  the  Great  Seal  of  the  State. 

The  Treasurer 

The  Treasurer  receives  all  money  due  the  state. 
He  pays  out  money  on  the  order  of  the  Governor. 
Since  1907  the  Treasurer  has  had  added  to  his  duties 
that  of  examining  the  banks  of  the  state. 

The  Comptroller 

The  Comptroller-General  is  the  Auditor  of  the 
state.  All  accounts  against  the  state  must  be  ap- 
proved by  him  before  payment  and  he  countersigns 
all  vouchers  on  the  Treasury.  He  also  has  oversight 
over  the  collection  of  taxes,  one  of  the  most  important 
functions  of  government.  He  is  required  to  submit 
annually  to  the  legislature  a schedule  of  all  appro- 
priations made  during  the  current  year,  and  a set 
of  tables  showing  the  taxable  property  of  the  state. 
Property  of  whites  and  negroes  is  separately  listed. 

In  addition  to  these  manifold  duties,  the  Comp- 
troller-General, as  State  Insurance  Commissioner, 
has  general  oversight  of  all  insurance  companies  do- 
ing business  in  Georgia. 

Other  Executive  Officers  and  Boards 

In  addition  to  the  above  officers,  there  is  a State 
Superintendent  of  Schools,  an  Attorney-General,  a 
Railroad  Commission,  a Commissioner  of  Pensions,  a 
Prison  Commission,  a State  Board  of  Health,  a Com- 
missioner of  Agriculture,  a Labor  Commissioner  and 
other  Boards. 


History  of  Georgia 


279 


LEGISLATIVE  DEPARTMENT 

The  Senate 

Georgia  is  divided  into  forty-four  districts  of  three 
or  four  counties  each.  Each  district  elects  a Senator 
for  a term  of  two  years.  Senators  must  be  not  less 
than  twenty-five  years  of  age,  must  have  resided  in 
the  state  four  years  and  in  the  district  one  year.  A 
president  of  the  Senate  is  elected  by  viva  voce  vote 
from  among  the  Senators.  In  case  of  the  death  or 
resignation  of  the  Governor,  the  president  of  the  Sen- 
ate (or  in  case  of  his  death,  resignation  or  disability, 
the  Speaker  of  the  House  of  Representatives)  be- 
comes the  acting  governor,  but  it  is  his  duty  imme- 
diately to  order  an  election  for  the  unexpired  term, 
to  be  held  not  less  than  thirty  nor  more  than  sixty 
days  after  he  enters  upon  the  duties  of  the  office.  The 
Senate  has  the  sole  right  to  try  impeachments. 

The  House  of  Representatives 

The  House  of  Representatives  consists  of  one 
hundred  and  ninety  members,  distributed  as  follows: 
The  six  counties  having  the  largest  population  are 
entitled  to  three  members  each;  the  next  twenty-six 
counties  in  rank  have  two  members  each,  and  the 
remaining  one  hundred  and  twenty  counties  one  each. 
The  Census  of  1910  shows  that  Fulton,  Chatham, 
Richmond,  Bibb,  Muscogee  and  Floyd  are  the  six 
largest  counties. 

Privileges  of  the  Legislature 

Each  House  is  judge  of  the  election  returns  of  its 
members,  and  has  power  to  censure,  fine,  imprison 


280 


History  of  Georgia 


or  expel  members  at  its  pleasure.  Either  House  may 
imprison  any  person  who  may  be  guilty  of  contempt 
of  the  House.  Members  are  free  from  arrest  during 
attendance  on  the  general  assembly,  except  for  trea- 
son, felony  or  breach  of  the  peace. 

Process  of  Law-making 

Legislation  may  originate  in  either  House,  except 
in  the  case  of  money  bills,  which  always  originate 
in  the  House  of  Representatives.  Proposed  legisla- 
tion comes  before  either  House  in  the  shape  of  a 
“bill,”  which  must  be  read  on  three  different  days. 
On  the  first  reading,  the  bill  is  usually  referred  to 
one  of  the  standing  committees.  When  the  commit- 
tee reports  the  bill,  it  is  read  the  second  time.  If  the 
committee’s  report  is  adverse,  the  bill  is  usually  de- 
bated and  disposed  of  at  once;  if  the  committee’s 
action  is  favorable,  the  bill  is  held  off  for  a third 
reading,  when  it  is  debated,  and  a vote  taken.  If 
the  measure  is  passed,  it  is  sent  to  the  other  House, 
where  the  same  process  is  repeated.  After  both 
Houses  have  passed  the  measure,  an  “enrolled  copy” 
is  made  and  signed  by  the  presiding  officers  of  both 
Houses.  It  is  then  entered  on  the  journals  and  sent 
to  the  Governor.  Three  courses  of  action  are  open 
to  the  Governor:  He  may  sign  the  bill,  in  which  case 
it  becomes  law ; he  may  veto  and  return  it  to  the  legis- 
lature, with  his  reasons  for  disapproval;  or  he  may 
take  no  action  whatever.  Should  he  neither  sign  nor 
veto,  the  bill  will  automatically  become  law  at  the 
expiration  of  five  days,  unless  the  legislature  has 


History  of  Georgia 


281 


adjourned  in  the  interim.  Should  such  adjourn- 
ment occur,  the  bill  is  defeated — a process  known  as 
a “pocket”  veto. 

THE  JUDICIARY 
The  Supreme  Court 

The  Supreme  Court  was  established  in  1845.  It 
consisted  of  three  justices,  but  an  amendment  of 
1896  increased  the  number  to  six.  This  amendment 
also  took  from  the  Governor  the  appointive  power 
and  subjected  the  office  to  popular  election.  The 
term  of  the  office  is  six  years.  The  function  of  the 
Supreme  Court  is  to  correct  errors  of  law  and  in 
equity  in  all  of  the  lower  courts  over  which  the  Court 
of  Appeals  has  not  exclusive  appellate  jurisdiction. 

The  Court  of  Appeals 

The  Court  of  Appeals  was  created  by  an  amend- 
ment of  1906.  It  consists  of  six  judges.  This  court 
was  established  to  relieve  the  pressure  of  work  on  the 
Supreme  Court,  and  is  of  equal  authority  with  it, 
except  that  the  Supreme  Court  has  exclusive  juris- 
diction over  cases  involving  interpretation  of  the  Con- 
stitution. Appeals  from  city  courts  lie  direct  to  the 
Court  of  Appeals. 

Ought  Judges  to  be  Elected 

Grave  difference  of  opinion  is  to  be  found  among 
students  of  government  as  to  whether  judges  should 
be  elected  by  popular  vote  or  be  appointed  by  the 
executive.  There  are  obvious  objections  to  either 


'282 


History  of  Georgia 


method,  but  the  weight  of  opinion  seems  to  be  that 
judges  should  be  removed  as  far  as  possible  from  the 
temptation  to  mould  their  decisions  in  accordance 
with  their  political  welfare.  In  this  connection  the 
history  of  Courts  in  Georgia  is  highly  interesting. 
The  Constitution  of  1861  placed  the  appointment  of 
Supreme  Court  and  Superior  Court  Judges  in  the 
hands  of  the  Governor,  with  the  advice  and  consent 
of  the  Senate.  The  next  Constitution,  1865,  restored 
the  election  of  the  Supreme  Court  justices  to  the 
legislature  and  of  Superior  Court  judges  to  the 
people  of  the  circuit — the  system  in  operation  prior 
to  1861.  In  1868  the  Governor  was  again  given  the 
appointive  power  for  both  Supreme  and  Superior 
Court  judges;  in  1877  the  Constitution  placed  the 
election  of  both  classes  of  judges  in  the  hands  of  the 
legislature;  and  in  1896,  both  Supreme  and  Superior 
Court  judgeships  became  subject  to  popular  election. 

Superior  Courts 

For  judicial  purposes,  Georgia  is  divided  into 
twenty-five  circuits,  consisting  of  from  one  to  ten 
counties  each.  There  is  one  judge  to  each  circuit, 
except  the  Atlanta  Circuit,  which  has  three  judges. 
Superior  Courts  in  most  of  the  counties  convene 
twice  each  year  in  regular  session,  though  in  a few 
counties  there  are  from  four  to  six  regular  sessions. 
The  Judges  and  Solicitors-General  are  elected  by  the 
people  for  four  year  terms.  These  courts  have  a 
wide  jurisdiction,  including  divorce  cases,  criminal 
actions  where  the  penalty  is  death  or  imprisonment 


History  of  Georgia 


283 


in  the  penitentiary;  litigation  involving  land  titles, 
and  equity  cases.  They  also  entertain  appeals  from 
lower  courts,  except  the  city  courts. 

LOCAL  ADMINISTRATION 

The  County 

While  our  laws  are  made  by  a central  legislative 
body,  the  administration  of  these  laws  is  largely  in 
the  hands  of  county  officials.  In  no  way  has  the 
Anglo-Saxon  genius  for  politics  more  admirably 
manifested  itself  than  in  the  development  of  local 
government.  Each  one  of  the  one  hundred  and 
fifty-two  counties  in  Georgia  has  a regular  form  of 
government,  with  officers  in  the  main  elected  by  the 
people  of  the  country.  The  powers  of  these  officers 
are  principally  administrative  and  judicial. 

The  Ordinary 

The  most  important  of  the  county  officers  is  the 
Ordinary.  He  is  both  a judicial  and  administrative 
officer.  He  has  exclusive  jurisdiction  over  all  mat- 
ters concerning  the  probate  of  wills;  issues  letters 
testamentary,  letters  of  administration,  guardianship 
and  executorship,  and  preserves  the  annual  returns 
of  such  trusteeships;  grants  marriage  licenses;  and 
records  homesteads  and  exemptions.  The  Ordinary’s 
administrative  duties  amount  to  a general  supervi- 
sion and  control  of  all  the  property  of  the  county, 
such  as  buildings,  roads  and  bridges.  He  examines 
and  audits  the  accounts  of  other  county  officers. 


284 


History  of  Georgia 


In  many  counties  the  administrative  duties  of  the 
Ordinary  have  been  placed  in  the  hands  of  a Board 
of  Commissioners  of  Roads  and  Revenues,  thus  re- 
lieving the  Ordinary  of  some  of  his  many  duties,  and 
making  for  greater  efficiency. 

County  Court 

This  court  has  jurisdiction  in  all  civil  cases  where 
the  amount  involved  does  not  exceed  five  hundred 
dollars;  and  in  criminal  cases  in  which  the  punish- 
ment is  not  death  or  confinement  in  the  penitentiary. 
Sessions  are  held  monthly.  The  Judge  and  Solicitor 
are  appointed  by  the  Governor  for  four  years.  Ap- 
peals lie  to  the  Superior  Court. 

Some  counties  have  “City  Courts”  instead  of 
County  Courts.  The  City  Court  has  jurisdiction 
over  all  cases  in  which  exclusive  jurisdiction  is  not 
vested  in  other  courts,  and  appeals  are  made  direct 
to  the  Court  of  Appeals. 

Clerk  of  the  Superior  Court 

The  records  of  the  Superior  Court  are  kept  by  a 
Clerk.  He  is  charged  also  with  the  important  duty 
of  keeping  records  of  all  transfers  of  real  and  per- 
sonal property. 

Tax  Receiver 

This  officer  is  charged  with  the  duty  of  receiving 
from  all  property  owners  annual  statements  of  the 
amount  and  kinds  of  their  property.  When  the  re- 
turns are  in,  three  digests  are  made.  One  of  these 


History  of  Georgia 


285 


is  sent  to  the  Comptroller-General  of  the  state,  who 
on  the  basis  of  this  information  levies  the  state  tax; 
another  goes  to  the  Ordinary,  who  fixes  the  rate  of 
the  county  tax;  while  the  third  is  put  in  the  hands 
of  the  tax  collector.  In  addition  to  these  financial 
duties,  the  tax  receiver  collects  statistics  relating  to 
acreage  planted,  acreage  of  wild  lands,  and  products 
of  manufactories.  He  also  registers  the  number  of 
children  of  school  age. 

Juries 

Jurors  are  chosen  by  Jury  Commissioners,  selected 
by  the  Judge  of  the  Superior  Court  for  six  year 
terms.  They  revise  the  jury  list  every  second  year. 
From  the  books  of  the  tax  receiver,  the  Commis- 
sioners select  a large  number  of  men  for  service  as 
jurors.  Lists  for  Grand  Jurors  and  Petit  Jurors  are 
made  separately.  From  the  lists  thus  prepared  the 
Judge  of  the  Superior  Court  draws  the  Grand  and 
Petit  Jurors  for  each  term  of  court.  The  Petit 
Jurors  perform  general  jury  duty  in  the  trial  of  civil 
and  criminal  cases  in  the  Superior  Court.  The 
Grand  Jury,  consisting  of  not  less  than  eighteen  nor 
more  than  twenty-three  men,  meets  every  year  for 
the  purpose  of  auditing  the  books  of  county  officials 
and  inspecting  the  general  affairs  of  the  county.  The 
Grand  Jury  advises  the  Ordinary  in  fixing  the 
amount  of  the  county  tax.  It  is  also  charged  with 
the  duty  of  presenting  for  trial  all  persons  whom 
they  believe  to  be  guilty  of  violation  of  law. 


286 


History  of  Georgia 


Other  County  Officers 

Among  other  county  officers  are  the  Sheriff,  Cor- 
oner, Tax  Collector,  County  Surveyor,  County  Board 
of  Education,  and  County  School  Superintendent. 

THE  MILITIA  DISTRICT 

For  election  and  judicial  purposes  the  County  is 
subdivided  into  Militia  Districts.  As  the  name  im- 
plies, this  division  was  formerly  a military  one  as 
well,  each  district  being  so  laid  out  as  to  include  one 
company  of  soldiers.  In  each  District  there  is  a Jus- 
tice of  the  Peace  and  a Notary  Public,  who  is  also 
an  ex-officio  Justice  of  the  Peace.  The  former  is 
elected  by  tbe  people  of  the  District,  the  latter  is 
appointed  by  the  Superior  Court  Judge.  The  Jus- 
tice’s Court  sits  once  a month.  Its  jurisdiction  ex- 
tends in  civil  matters  to  amounts  not  exceeding  one 
hundred  dollars.  It  has  no  jurisdiction  in  criminal 
cases.  The  Justice  is,  however,  a conservator  of  the 
peace,  issuing  warrants  for  the  arrest  of  persons 
charged  with  violation  of  law.  He  holds  what  is 
known  as  a “commitment”  trial.  After  hearing  the 
testimony  in  the  case  he  may  release,  bail,  or  commit 
the  prisoner  to  jail  to  await  trial  by  the  Superior  or 
County  Court. 


MUNICIPALITIES 

Special  problems  of  government  arise  where  many 
people  live  together  in  towns  and  cities.  Among 
these  problems  are  “the  preservation  of  order,  the 


History  of  Georgia 


287 


maintenance  of  health,  the  opening  and  repair  of 
streets  and  sidewalks,  the  supply  of  water,  and  pro- 
tection from  fire.”  Indeed,  municipal  government 
is  considered  by  some  publicists  to  present  more  diffi- 
culties than  either  state  or  national  government. 

In  Georgia  any  place  having  as  many  as  twenty- 
five  electors  may  apply  for  incorporation  as  a town. 
Application  is  usually  made  to  the  legislature, 
though  the  Superior  Courts  may  incorporate  towns. 
The  application  contains  the  form  of  government 
desired  by  the  people  of  the  proposed  town.  Ordi- 
narily a very  simple  government  is  first  established, 
consisting  of  a mayor,  who  is  the  executive  and  judi- 
cial officer,  and  a council,  which  is  the  legislative 
body.  Other  officers  may  be  appointed  by  the  coun- 
cil. As  the  town  grows  in  size  and  a more  complex 
government  is  needed,  amendments  of  the  old  char- 
ter are  made  by  the  legislature,  or  a new  charter 
is  granted.  In  larger  cities  the  mayor  is  purely  an 
executive  officer,  the  judicial  part  of  his  work  being 
placed  in  the  hands  of  a recorder.  The  council  or 
board  of  aldermen  in  cities  is  a large  and  unwieldy 
body,  each  ward  in  the  city  being  represented;  and 
many  other  officers  become  necessary,  such  as  sanitary 
inspector,  street  commissioner,  and  superintendent  of 
education.  To  assist  the  mayor  in  the  administrative 
duties  many  boards  have  been  created,  such  as  the 
board  of  health,  the  board  of  education,  police  com- 
mission, park  commission,  and  others.  The  officers 
have  become  so  numerous  with  the  growth  of  munici- 


288 


History  of  Georgia 


pal  activity,  government  has  become  so  complex,  the 
separation  of  legislative  and  administrative  functions 
so  pronounced,  that  some  cities  of  the  country  have 
attempted  to  simplify  government  by  abolishing  the 
offices  of  mayor,  councillor,  and  the  several  boards, 
and  placing  control  in  the  hands  of  a small  commis- 
sion of  about  five  members,  who  combine  the  legis- 
lative and  executive  functions,  and  providing  ma- 
chinery by  which  the  electors  can  call  the  Commission 
to  account,  if  they  fail  to  perform  their  duties  accept- 
ably. This  Commission  form  of  government  has  not 
yet  been  introduced  in  any  Georgia  cities. 

CONGRESSIONAL  REPRESENTATION 

Georgia  has  two  United  States  Senators,  chosen  for 
six  year  terms.  Throughout  the  history  of  the  na- 
tion, the  Senators  have  been  elected  by  the  State 
Legislatures,  but  in  1913  an  amendment  to  the  Fed- 
eral Constitution  was  adopted  which  transferred  the 
election  of  Senators  to  the  people. 

In  the  House  of  Representatives  each  state  has  a 
number  of  representatives  determined  by  its  popula- 
tion. An  Act  of  Congress  passed  in  1911  fixed  the 
basis  of  representation  at  one  member  to  every  211,- 
8 77  inhabitants.  Georgia  became  entitled,  therefore, 
under  the  Census  of  1910,  to  twelve  representatives, 
and  the  Congressional  districts  have  recently  been 
rearranged  so  as  to  provide  for  an  additional  Con- 
gressman, Georgia  having  previously  had  only  eleven 
representatives. 


APPENDIX  I. 


Bibliography. 

Brooks,  R.  P.  The  Agrarian  Revolution  in  Georgia,  1865-1912 
(University  of  Wisconsin,  Madison,  Wis.)  A study  of  post- 
bellum  agricultural  conditions. 

Chappell,  J.  Harris.  Georgia  History  Stories  (Silver,  Burdett 
& Co.,  New  York).  Gives  the  earlier  periods  in  considerable 
detail;  written  in  attractive  style. 

DuBois,  W.  E.  B.  The  Negro  Landowner  of  Georgia  (Bulletin 
No.  35,  Department  of  Labor,  Washington,  D.  C.)  Con- 
tains a series  of  maps  showing  the  number  of  negroes  in  every 
■ Georgia  county,  1790  to  1890. 

Evans,  Lawton  B.  History  of  Georgia  (University  Publishing 
Co.,  New  York).  Contains  brief  sketches  of  all  prominent 
Georgians. 

Georgia  Historical  and  Industrial  (Issued  by  the  Georgia  De- 
partment of  Agriculture  in  1901).  Contains  descriptions  of 
every  county,  with  products,  etc. 

Harris,  Joel  Chandler.  Stories  of  Georgia  (American  Book  Co., 
New  York). 

Knight,  Lucian  L.  Georgia  Landmarks,  Memorials  and  Legends 
(Byrd  Printing  Co.,  Atlanta).  Contains  a vast  amount  of 
interesting  information  about  important  Georgians  and  in- 
teresting places  in  the  state. 

Knight,  Lucian  L.  Reminiscences  of  Famous  Georgians  (Frank- 
lin-Turner Co.,  Atlanta).  Sketches  in  some  detail  the 
careers  of  all  important  Georgians. 

Northen,  W.  J.  Men  of  Mark  in  Georgia  (A.  B.  Caldwell, 
Atlanta).  Accurate  and  detailed  sketches  of  notable 
Georgians. 


289 


290 


History  of  Georgia 


Smith,  C.  H.  History  of  Georgia  (Ginn  & Co.,  New  York). 
Especially  good  on  the  War  Between  the  States.  Also  has 
important  historical  readings. 

Smith,  George  G.  Georgia  and  the  Georgia  People  (Franklin 
Printing  and  Publishing  Co.,  Atlanta).  Is  particularly 
valuable  for  its  county  history. 

Thompson,  C.  Mildred.  Reconstruction  in  Georgia  (Longmans, 
Green  & Co.,  New  York).  A complete  and  interesting  ac- 
count of  conditions  in  Georgia  from  1865  to  1872. 

United  States  Census,  1910,  Abstract  for  Georgia.  Gives  data 
about  Georgia  population,  farms,  factories,  etc. 


GOVERNORS  OF  GEORGIA 


COLONIAL: 

James  E.  Oglethorpe 1732 

William  Stephens  1743 

Henry  Parker  1751 

Patrick  Graham  (Acting)  .1753 

PROVINCIAL: 

John  Reynolds 1754 

Henry  Ellis  1757 

James  Wright  1760 

PROVISIONAL: 

Archibald  Bulloch,  Presi- 
dent   1776 

Button  Gwinnett,  Presi- 
dent   1777 

STATE: 

John  A.  Treutlen 1777 

John  Houston  1778 

John  Wereat  1778 

George  Walton  (Acting) ..  1779 

Richard  Howley 1780 

George  Wells  (Acting) ....  1780 
Stephen  Heard  (Acting)  . . . 1781 

Nathan  Brownson 1781 

John  Martin 1782 

Lyman  Hall  1783 

John  Houston  1784 

Samuel  Elbert  1785 

Edward  Telfair  1786 

George  Matthews  1787 

George  Handly  1788 

George  Walton  1789 

Edward  Telfair  1790 

George  Matthews  1793 

Jared  Irwin  1796 

James  Jackson  1798 

David  Emanuel  1801 

JOSIAH  TATNALL  1801 

John  Milledge  1802 

Jared  Irwin  1806 

David  B.  Mitchell 1809 


Peter  Early  1813 

David  B.  Mitchell 1815 

William  Rabun  1817 

Matthew  Talbot,  President 

of  Senate  1819 

John  Clark  1819 

George  M.  Troup 1823 

John  Forsyth  1827 

George  R.  Gilmer 1829 

Wilson  Lumpkin 1831 

William  Schley  1835 

George  R.  Gilmer 1837 

Charles  J.  McDonald 1839 

George  W.  Crawford 1843 

George  W.  Towns 1847 

Howell  Cobb  1851 

Herschel  V.  Johnson 1853 

Joseph  E.  Brown 1857 

James  Johnson,  Provisional 

(Governor  1865 

Charles  J.  Jenkins 1865 

Rufus  B.  Bullock 1868 

Benjamin  Conley,  Acting..  1871 

James  M.  Smith 1872 

Alfred  H.  Colquitt 1876 

Alexander  H.  Stephens.  ...  1882 

James  S.  Boynton,  President  . 

of  Senate 1883 

Henry  D.  McDaniel 1883 

John  B.  Gordon 1886 

W.  J.  Northen 1890 

W.  Y.  Atkinson 1894 

A D.  Candler 1898 

Joseph  M.  Terrell 1902 

Hoke  Smith  1907 

Jos.  M.  Brown 1909 

Hoke  Smith  1911 

John  M.  Slaton,  President 

of  Senate 1912 

Jos.  M.  Brown 1912 

John  M.  Slaton 1913 

— Nathaniel  E.  Harris 1915 

Hugh  M.  Dorsey 1917 


291 


292 


LIST  OF  COUNTIES 


Showing  their  Names,  for  whom  named,  the  County  Seat,  when  laid  out,  and 
Population,  1910. 


Name. 


Appling  

Bacon  

Baker  

Baldwin  

Banks  

Barrow  

Bartow 

Ben  Hill 

Berrien 

Bibb 

Bleckley 

Brooks 

Bryan 

Bulloch 

Burke 

Butts 

Calhoun 

Camden 

Campbell  

Candler  

Carroll  

Catoosa 

Charlton 

Chatham 

Chattahoochee 

Chattooga 

Cherokee 

Clarke 

Clay 

Clayton 

Clinch 

Cobb 

Coffee 

Colquitt 

Columbia 

Coweta 

Crawford 

Crisp 

Dade 

Dawson 

Decatur 

Dekalb 

Dodge 

Dooly 

Dougherty 

Douglas 

Early 

Echols 

Effingham 

Elbert  


For  Whom. 

County  Seat. 

Laid 

out. 

Popula- 

tion. 

Col.  Dan’l  Appling 

Senator  A.  O.  Bacon. . . . 

Baxley 

Alma  

1818 

1914 

12,318 

Col.  John  Baker 

Abraham  Baldwin 

Newton  

Milledgeville . . 

1825 

1803 

7.973 

18,354 

Dr.  Richard  Banks 

Chancellor  D.  C.  Barrow 

Homer 

Winder 

1858 

1914 

11,244 

Gen.  Francis  S.  Bartow. . . 

Cartersville.  . . . 

1861 

25,388 

Benj.  H.  Hill 

Fitzgerald . . . 

1907 

1856 

T 822 

11,863 

22,772 

56,646 

23,832 

6,702 

26,464 

27,268 

John  M.  Berrien 

Nashville.  . . . 

Dr.  W.  W.  Bibb 

Logan  E.  Bleckley 

Preston  L.  Brooks 

Jonathan  Bryan 

Archibald  Bulloch 

Cochran 

Quitman 

Clyde 

Statesboro 

1912 

1858 

1793 

1796 

1777 

Edmund  Burke 

Waynesboro. . . 

Captain  Sam.  Butts 

John  C.  Calhoun 

Earl  of  Camden 

Jackson 

Morgan 

St.  Marys 

1825 

1854 

1777 

13,624 

11,334 

7,690 

Duncan  G.  Campbell... 

Fairburn 

1828 

10,874 

Gov.  Allen  D.  Candler. 

Metter 

1914 

Charles  Carroll 

Carrollton  . . .. 

1826 

30,855 

Catoosa 

1853 

1854 

17  77 
1854 
1838 

7,184 

4,722 

79,690 

5,586 

13,608 

R.  M.  Charlton 

Earl  of  Chatham 

Chattahoochee  River 

Chattooga  River 

Folkston 

Savannah 

Cusseta 

Summerville . . . 

Cherokee  Indians 

Canton 

1832 

1801 

1854 

16,661 

23,273 

8,960 

Gen.  Elijah  Clarke 

Henry  Clay 

Athens 

Fort  Gaines.  . . 

A.  S.  Clayton 

Gen.  Duncan  S.  Clinch  . 

Jonesboro 

Homerville 

1858 

1850 

10,453 

8,424 

Sen.  Thos.  W.  Cobb  . . . . 

Marietta 

1832 

28,397 

Gen.  John  Coffee 

Walter  T.  Colquitt 

Christopher  Columbus..  . 

Douglas 

Moultrie 

Appling 

1854 

1856 

1790 

21,953 

19,789 

12,328 

Chiet  ot  Cowetas 

Newnan 

1826 

28,800 

8,310 

16,423 

4,139 

4,686 

Wm.  H.  Crawford  . . . 

Knoxville 

1822 

Charles  F.  Crisp 

Maj.  Francis  Dade 

Cordele 

T renton 

1905 

1837 

i8S7 

Wm.  C.  Dawson 

Dawsonville. . . 

Stephen  Decatur 

Bainbridge 

1823 

29,045 

Baron  De  Kalb. . . . 

Decatur 

1822 

27,881 

20,127 

20,554 

16,035 

Wm.  E.  Dodge 

Col.  John  Dooly 

Charles  Dougherty 

Eastman 

Vienna 

Albany 

1870 

1821 

i8S3 

Stephen  A.  Douglas 

Douglasville. . . 

1870 

8,953 

Gov.  Peter  Early 

Blakely 

1818 

18,122 

Robert  M.  Echols 

Statenville 

1858 

3,309 

Lord  Effingham 

Govi  Sam  Elbert 

Springfield  . 

Elberton  

1 777 
1790 

L 9>97r 
24,125 

LIST  OF  COUNTIES — Continued 


293 


Name. 


Emanuel  

Evans  

Fannin 

Fayette 

Floyd 

Forsyth 

Franklin 

Fulton 

Gilmer 

Glascock 

Glynn 

Gordon 

Grady 

Greene 

Gwinnett 

Habersham 

Hall 

Hancock 

Haralson 

Harris 

Hart 

Heard 

Henry 

Houston 

Irwin 

Jackson 

Jasper 

Jeff  Davis 

Jefferson 

Jenkins 

Johnson 

Jones 

Laurens 

Lee 

Liberty 

Lincoln 

Lowndes 

Lumpkin 

McDuffie 

McIntosh 

Macon 

Madison 

Marion 

Meriwether 

Miller 

Milton 

Mitchell 

Monroe 

Montgomery. . . . 

Morgan 

Murray 

Muscogee 


For  Whom. 


Gov.  David  Emanuel... 

Gen.  C.  A.  Evans 

Col.  J.  W.  Fannin 

Gen.  Lafayette 

Gen.  Floyd 

Gov.  John  Forsyth 

Benjamin  Franklin 

Robert  Fulton 

Gov.  Geo.  R.  Gilmer 

Gen.  Thos.  Glascock 

John  Glynn 

Wm.  W.  Gordon 

Henry  W.  Grady 

Gen.  Nat.Greene 

Gov.  Button  Gwinnett.  . . 

Joseph  Habersham 

Gov.  Lyman  Hall 

John  Hancock 

Hugh  A.  Haralson 

Charles  Harris 

Nancy  Hart 

Stephen  Heard 

Patrick  Henry 

Gov.  John  Houston 

Gov.  Jared  Irwin 

Gov.  Jas.  Jackson 

Sergeant  Jasper 

Jefferson  Davis 

Thomas  Jefferson 

Gov.  Chas.  J.  Jenkins 

Gov.  H.  V.  Johnson 

Hon.  James  Jones 

Col.  John  Laurens 

Richard  H.  Lee 

See  page  127 

Gen.  Benj.  Lincoln 

Wm.  J.  Lowndes 

Gov.  Wilson  Lumpkin. . 

Geo.  McDuffie 

McIntosh  Family 

Nath.  Macon 

Jas.  Madison 

Gen.  Francis  Marion 

Gen.  David  Meriwether.  . 

Andrew  J.  Miller 

Homer  V.  Milton 

Gen.  Henry  Mitchell 

Jas.  Monroe 

Gen.  Rich.  Montgomery.  . 

Gen.  Dan’l  Morgan 

Thos.  W.  Murray 

Muscogee  Indians 


County  Seal. 

Laid 

out. 

Popula- 

tion. 

Swainsboro  . . 

1812 

25,14° 

Claxton  

1914 

Blue  Ridge.  . . 

1854 

12,574 

Fayetteville. . . . 
Rome 

1821 

1832 

10,966 

36,736 

Cumming 

1832 

11,940 

Carnesville 

1786 

17,894 

Atlanta 

1853 

177.733 

Ellijay 

1832 

9.237 

Gibson 

1857 

4.669 

Brunswick 

1 777 

15,720 

Calhoun 

1850 

15,861 

Cairo 

1905 

18, 457 

Greensboro .... 

1786 

18,512 

Lawrenceville. . . 

1818 

28,824 

Clarkesville.  . . . 

1818 

10,134 

Gainesville 

1818 

25.730 

Sparta 

1793 

19,189 

Buchanan 

1856 

13,514 

Hamilton 

1827 

17,886 

Hartwell 

i8S3 

16,216 

franklin 

1830 

11,180 

McDonough..  . . 

1821 

19,927 

Perry 

1821 

23,609 

Ocilla 

1818 

10,461 

Jctferson 

1796 

30,169 

Monticello 

1812 

16,552 

Hazlehurst 

1905 

6,050 

Louisville 

1796 

21,379 

Millen 

1 90S 

11,520 

Wrightsville. . . . 

1858 

12,897 

Gray 

1807 

13,103 

Dublin 

1807 

35,50i 

Leesburg 

1826 

11,679 

Hinesville 

1 777 

12,924 

Lincolnton 

1796 

8,714 

Valdosta 

1825 

24,436 

Dahlonega 

1838 

5,444 

Thomson 

1871 

10,325 

Darien 

1793 

6,442 

Olgethorpe 

1837 

15,016 

Danielsville.  . . 

1811 

16,851 

Buena  Vista. . 

1827 

9,i47 

Greenville 

1827 

25,180 

7,986 

Colquitt 

1856 

Alpharetta 

1857 

7,239 

Camilla 

1857 

22,114 

Forsyth 

1821 

20,450 

Mt.  Vernon . . 

1793 

19,638 

Madison 

1807 

19,717 

Spring  Place . . . 

1832 

9,763 

Columbus 

1826 

36,227 

294 


LIST  OF  COUNTIES — Continued 


Name. 

For  Whom. 

County  Seat. 

Laid 

out. 

Popula- 

tion. 

Newton 

Sergeant  John  Newton.  . . 

Covington 

1821 

18,449 

Oconee 

Oconee  River 

i87C 

Oglethorpe 

Gen.  Jas.  E.  Oglethorpe.. . 

Lexington 

1793 

18,680 

John  Paulding 

1832 

Pickens 

Gen.  Andrew  Pickens 

[asper 

l8c3 

Pierce 

Franklin  Pierce 

I8C7 

Pike 

Zebulon  M.  Pike 

Zebulon 

1822 

19,495 

Polk 

[as.  K.  Polk 

Cedartown 

1851 

20,203 

Pulaski 

Count  Pulaski 

Hawkinsville . . 

1808 

22,83  C 

Putnam  

Israel  Putnam 

Eatonton 

1807 

13)876 

Quitman 

Gen.  John  A.  Quitman.  . . 

Georgetown.  . . . 

1858 

4.594 

Rabun 

Gov.  Wm.  Rabun 

Clayton 

1819 

5.562 

Randolph 

John  Randolph 

Cuthbert 

1828 

18,841 

Richmond 

Duke  of  Richmond 

Augusta 

1777 

58,886 

Rockdale 

“Rockdale  Church’’ 

Conyers 

1870 

8,916 

Schley 

Gov.  Wm.  Schley 

Ellaville 

1857 

5.213 

Screven 

Gen.  las.  Screven 

Sylvania 

1793 

20,202 

Spalding 

Hon.  Thos.  Spalding 

Griffin 

1851 

19.741 

Stephens 

Gov.  Alex.  H.  Stephens. . . 

1 ( iccoa 

1905 

9.728 

Stewart 

Gen.  Dan’l  Stewart 

Lumpkin 

1830 

13.437 

Sumter 

Gen.  Thos.  Sumter 

Americus 

1831 

29,092 

Talbot 

Gov.  Matthew  Talbot.  . . . 

Talbotton 

1827 

11,696 

Taliaferro 

Col.  Benj.  Taliaferro 

Crawfordville. . . 

1825 

8,766 

Josiah  Tattnall 

Reidsville 

1801 

l8,c6q 

Taylor 

Zach.  Taylor 

Butler 

1852 

10,839 

Telfair 

Gov.  Edward  Telfair 

McRae 

1807 

13.288 

Terrell 

Dr.  Wm.  Terrell 

Dawson 

1856 

22,003 

Thomas 

Gen.  Jett  Thomas 

Thomasville. . . 

1825 

29,071 

Tift 

Nelson  Tift 

Tifton 

1905 

11,487 

Toombs 

Gen.  Robert  Toombs 

Lyons 

1905 

1 1,206 

Towns 

Gov.  Geo.  N.  Towns 

Hiawassee 

1856 

3,932 

Troup 

Gov.  Geo.  M.  Troup 

LaGrange 

1826 

26,228 

Turner 

Henry  G.  Turner 

Ash  burn 

1 90s 

10,075 

Twiggs 

Gen.  |ohn  Twiggs 

lettersonville.  . 

1809 

10,736 

Blairsville 

1832 

6,qi8 

Upson 

Stephen  Upson 

Thomaston  .... 

1824 

12,757 

Walker 

Maj.  Freeman  Walker. . . . 

La  Fayette 

1833 

18,692 

Walton 

Gov.  Geo.  Walton 

Monroe 

1818 

25,393 

Nicholas  Ware 

Way  cross 

1824 

22,957 

Warren 

Gen.  Toseph  Warren 

Warren  ton 

1793 

n,86o 

Washington 

George  Washington 

Sandersville.  . . 

1784 

28,174 

Wayne 

Gen.  Anthony  Wayne.  . . . 

fesup 

1805 

13,069 

Daniel  Webster 

Preston 

1856 

6,151 

Wheeler 

Gen.  Jos.  E.  Wheeler 

Alamo 

1912 

Col.  John  White 

Cleveland 

1857 

5,1 10 

Whitfield 

Rev.  Geo.  Whitefield 

Dalton 

1851 

15,934 

Wilcox 

Captain  John  Wilcox 

Abbeville 

1857 

13,486 

Wilkes 

John  Wilkes 

Washington .... 

1 777 

23,441 

Gen.  las.  Wilkinson 

Irwin  ton 

1803 

10,078 

Worth 

Gen.  Wm.  f.  Worth 

Sylvester 

1853 

19,147 

CONSTITUTION  OF  THE  STATE  OF  GEORGIA 


PREAMBLE. 

To  perpetuate  the  principles  of  free  government,  insure  justice  to  all, 
preserve  peace,  promote  the  interest  and.  happiness  of  the  citizen,  and 
transmit  to  posterity  the  enjoyment  of  liberty,  we,  the  people  of  Georgia, 
relying  upon  the  protection  and  guidance  of  Almighty  God,  do  ordain  and 
establish  this  Constitution. 


ARTICLE  I. 

BILL  OF  RIGHTS. 

Section  I.  Rights  of  the  Citizen. 

1.  Origin  and  Foundation  of  Government. — All  government  of  right 
originates  with  the  people,  is  founded  upon  their  will  only,  and  is  insti- 
tuted solely  for  the  good  of  the  whole.  Public  officers  are  the  trustees 
and  servants  of  the  people,  and  at  all  times  amenable  to  them. 

2.  Protection  the  Duty  of  Government. — Protection  to  person  and 
property  is  the  paramount  duty  of  government,  and  shall  be  impartial 
and  complete. 

3.  Life,  Liberty'  and  Property. — No  person  shall  be  deprived  of  life, 
liberty,  or  property,  except  by  due  process  of  law. 

4.  Right  to  the  Courts. — No  person  shall  be  deprived  of  the  right  to 
prosecute  or  defend  his  own  cause,  in  any  of  the  courts  of  this  State,  in 
person,  by  attorney,  or  both. 

5.  Benefit  of  Counsel,  Accusation,  List  of  Witnesses,  Compulsory' 
Process  and  Trial.- — Every  person  charged  with  an  offense  against  the 
laws  of  this  State  shall  have  the  privilege  and  benefit  of  counsel;  shall 
be  furnished,  on  demand,  with  a copy  of  the  accusation,  and  a list  of  the 
witnesses  on  whose  testimony  the  charge  against  him  is  founded;  shall 
have  compulsory  process  to  obtain  the  testimony  of  his  own  witnesses; 
shall  be  confronted  with  the  witnesses  testifying  against  him,  and  shall 
have  a public  and  speedy  trial  by  an  impartial  jury. 

6.  Crimination  of  Self  not  Compelled. — No  person  shall  be  com- 
pelled to  give  testimony  tending  in  any  manner  to  criminate  himself. 

7.  Banishment;  Whipping. — Neither  banishment  beyond  the  limits  of 
the  State,  nor  whipping,  as  a punishment  for  crime,  shall  be  allowed. 

8.  Jeopardy  of  Life,  etc..  More  than  Once,  Forbidden. — No  person 
shall  be  put  in  jeopardy  of  life,  or  liberty,  more  than  once  for  the  same 


295 


296 


History  of  Georgia 


offense,  save  on  his,  or  her,  own  motion  for  a new  trial  after  conviction, 
or  in  case  of  mistrial. 

9.  Bail,  Fines,  Punishments,  Arrests. — Excessive  bail  shall  not  be 
required,  nor  excessive  fines  imposed,  nor  cruel  and  unusual  punishments 
inflicted;  nor  shall  any  person  be  abused  in  being  arrested,  while  under 
arrest,  or  in  prison. 

10.  Costs.- — No  person  shall  be  compelled  to  pay  costs,  except  after 
conviction  on  final  trial. 

11.  Habeas  Corpus. — The  writ  of  habeas  corpus  shall  not  be  sus- 
pended. 

12.  Freedom  of  Conscience. — All  men  have  the  natural  and  inalien- 
able right  to  worship  God,  each  according  to  the  dictates  of  his  own 
conscience,  and  no  human  authority  should,  in  any  case,  control  or  inter- 
fere with  such  right  of  conscience. 

13.  Religious  Opinions,  etc. — No  inhabitant  of  this  State  shall  be 
molested  in  person  or  property,  or  prohibited  from  holding  any  public 
office  or  trust,  on  account  of  his  religious  opinions;  but  the  right  of  lib- 
erty of  conscience  shall  not  be  so  construed  as  to  excuse  acts  of  licen- 
tiousness, or  justify  practices  inconsistent  with  the  peace  and  safety  of 
the  State. 

14.  Appropriations  to  Sects  Forbidden.— -No  money  shall  ever  be 
taken  from  the  public  treasury,  directly  or  indirectly,  in  aid  of  any  church, 
sect,  or  denomination  of  religionists,  or  of  any  sectarian  institution. 

15.  Liberty  of  Speech  Guaranteed. — No  law  shall  ever  be  passed 
to  curtail,  or  restrain,  the  liberty  of  speech,  or  of  the  press;  anj  person 
may  speak,  write,  and  publish  his  sentiments,  on  all  subjects,  being  re- 
sponsible for  the  abuse  of  that  liberty. 

16.  Searches  and  Warrants. — The  right  of  the  people  to  be  secure 
in  their  persons,  houses,  papers,  and  effects  against  unreasonable  searches 
and  seizures  shall  not  be  violated;  and  no  warrant  shall  issue  except 
upon  probable  cause,  supported  by  oath,  or  affirmation,  particularly 
describing  the  place,  or  places,  to  be  searched,  and  the  persons  or  things 
to  be  seized. 

17.  Slavery. — There  shall  be  within  the  State  of  Georgia  neither 
slavery  nor  involuntary  servitude,  save  as  a punishment  for  crime  after 
legal  conviction  thereof. 

18.  Status  of  the  Citizen. — The  social  status  of  the  citizen  shall 
never  be  the  subject  of  legislation. 

19.  Civil  Authority  Superior  to  Military. — The  civil  authority  shall 
be  superior  to  the  military,  and  no  soldier  shall,  in  time  of  peace,  be 
quartered  in  any  house  without  the  consent  of  the  owner,  nor  in  time  of 
war,  except  by  the  civil  magistrate,  in  such  manner  as  may  be  provided 
by  law. 


History  of  Georgia 


297 


20.  Contempts. — The  power  of  the  courts  to  punish  for  contempts 
shall  be  limited  by  legislative  acts. 

21.  Imprisonment  for  Debt. — There  shall  be  no  imprisonment  for  debt. 

22.  Arms. — The  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed,  but  the  General  Assembly  shall  have  power  to  prescribe 
the  manner  in  which  arms  may  be  borne. 

23.  Legislative,  Judicial,  and  Executive  Separate. — The  legislative, 
judicial,  and  executive  powers  shall  forever  remain  separate  and  distinct, 
and  no  person  discharging  the  duties  of  one  shall  at  the  same  time  exer- 
cise the  functions  of  either  of  the  others,  except  as  herein  provided. 

24.  Right  to  Assemble  and  Petition. — The  people  have  the  right  to 
assemble  peaceably  for  their  common  good,  and  to  apply  to  those  vested 
with  the  powers  of  government  for  redress  of  grievances,  by  petition  or 
remonstrance. 

25.  Citizens,  Protection  of. — All  citizens  of  the  United  States  resi- 
dent in  this  State  are  hereby  declared  citizens  of  this  State;  and  it  shall 
be  the  duty  of  the  General  Assembly  to  enact  such  laws  as  will  protect 
them  in  the  full  enjoyment  of  the  rights,  privileges,  and  immunities  due 
to  such  citizenship. 

Section  II.  Certain  Offenses  Defined. 

1.  Libel;  Jury  in  Criminal  Trials. — In  all  prosecutions  or  indict- 
ments for  libel,  the  truth  may  be  given  in  evidence;  and  the  jury  in  all 
criminal  cases  shall  be  the  judges  of  the  law  and  the  facts.  The  power 
of  the  judges  to  grant  new  trials  in  case  of  conviction  is  preserved. 

2.  Treason. — Treason  against  the  State  of  Georgia  shall  consist  in 
levying  war  against  her,  adhering  to  her  enemies,  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  treason,  except  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

3.  Conviction. — No  conviction  shall  work  corruption  of  blood,  or 
forfeiture  of  estate. 

4.  Lotteries.— All  lotteries,  and  the  sale  of  lottery  tickets,  are  hereby 
prohibited;  and  this  prohibition  shall  be  enforced  by  penal  laws. 

5.  Lobbying. — Lobbying  is  declared  to  be  a crime,  and  the  General 
Assembly  shall  enforce  this  provision  by  suitable  penalties. 

6.  Fraud;  Property  Concealment. — The  General  Assembly  shall 
have  the  power  to  provide  for  the  punishment  of  fraud;  and  shall  pro- 
vide, by  law,  for  reaching  property  of  the  debtor  concealed  from  the 
creditor. 

Section  III.  Protection  to  Person  and  Property'. 

1.  Private  Ways;  Just  Compensation. — In  cases  of  necessity,  private 
ways  may  be  granted  upon  just  compensation  being  first  paid  by  the 


298 


History  of  Georgia 


applicant.  Private  property  shall  not  be  taken,  or  damaged,  for  public 
purposes,  without  just  and  adequate  compensation  being  first  paid. 

2.  Attainder;  ex  Post  Facto  and  Retroactive  Laws,  etc. — No  bill 
of  attainder,  ex  post  facto  law,  retroactive  law,  or  law  impairing  the 
obligation  of  contracts,  or  making  irrevocable  grants  of  special  privileges 
or  immunities,  shall  be  passed. 

3.  Revocation  of  Grants. — No  grant  of  special  privileges  or  immuni- 
ties shall  be  revoked,  except  in  such  manner  as  to  work  no  injustice  to 
the  corporators  or  creditors  of  the  incorporation. 

Section  IV.  Special  Legislation  Forbidden. 

1.  General  Laws,  and  How  Varied. — Laws  of  a general  nature  shall 
have  uniform  operation  throughout  the  State,  and  no  special  law  shall  be 
enacted  in  any  case  for  which  provision  has  been  made  by  an  existing 
general  law.  No  general  law  affecting  private  rights  shall  be  varied  in 
any  particular  case,  by  special  legislation,  except  with  the  free  consent,  in 
writing,  of  all  persons  to  be  affected  thereby;  and  no  person  under  legal 
disability  to  contract  is  capable  of  such  consent. 

2.  What  Acts  Void. — Legislative  acts  in  violation  of  this  Constitution, 
or  the  Constitution  of  the  United  States,  are  void,  and  the  judiciary  shall 
so  declare  them. 

Section  V.  Governmental  Rights  of  the  People. 

1.  State  Rights.- — The  people  of  this  State  have  the  inherent,  sole,  and 
exclusive  right  of  regulating  their  internal  government,  and  the  police 
thereof,  and  of  altering  and  abolishing  their  Constitution,  whenever  it 
may  be  necessary  to  their  safety  and  happiness. 

2.  Enumeration  of  Rights  Not  Deny  Others. — The  enumeration  of 
rights  herein  contained  as  a part  of  this  Constitution  shall  not  be  con- 
strued to  deny  to  the  people  any  inherent  rights  which  they  may  have 
hitherto  enjoyed. 


ARTICLE  II. 

ELECTIVE  FRANCHISE. 

Section  I.  Qualification  of  Voters.  (Amendment  of  1908.) 

1.  Elections  by  Ballot,  and  Voters  Must  be  Registered. — After  the 
year  1908  elections  by  the  people  shall  be  by  ballot,  and  only  those  per- 
sons shall  be  allowed  to  vote  who  have  been  first  registered  in  accordance 
with  the  requirements  of  law. 

2.  Who  Shall  be  an  Elector  Entitled  to  Register  and  Vote. — Every 
male  citizen  of  this  State  who  is  a citizen  of  the  United  States,  twenty- 


History  of  Georgia 


299 


one  years  old  or  upwards,  not  laboring  under  any  of  the  disabilities  named 
in  this  Article,  and  possessing  the  qualifications  provided  by  it,  shall  be 
an  elector  and  entitled  to  register  and  vote  at  any  election  by  the  people: 
Provided,  that  no  soldier,  sailor,  or  marine  in  the  military  or  naval 
services  of  the  United  States  shall  acquire  the  rights  of  an  elector  by 
reason  of  being  stationed  on  duty  in  this  State. 

3.  Who  Entitled  to  Register  and  Vote.- — To  entitle  a person  to 
register  and  vote  at  any  election  by  the  people,  he  shall  have  resided  in 
the  State  one  year  next  preceding  the  election,  and  in  the  county  in  which 
he  offers  to  vote  six  months  next  preceding  the  election,  and  shall  have 
paid  all  taxes  which  may  have  been  required  of  -him  since  the  adoption  of 
the  Constitution  of  Georgia  of  1877  that  he  may  have  had  an  opportunity 
of  paying  agreeably  to  law.  Such  payment  must  have  been  made  at  least 
six  months  prior  to  the  election  at  which  he  offers  to  vote,  except  when 
such  elections  are  held  within  six  months  from  the  expiration  of  the  time 
fixed  by  law  for  the  payment  of  such  taxes. 

4.  Qualifications  of  Elector.- — Every  male  citizen  of  this  State  shall 
be  entitled  to  register  as  an  elector,  and  to  vote  in  all  elections  in  said 
State,  who  is  not  disqualified  under  the  provisions  of  Section  2 of  Article 
2 of  this  Constitution,  and  who  possesses  the  qualifications  described  in 
paragraphs  2 and  3 of  this  Section,  or  who  will  possess  them  at  the  date 
of  the  election  occurring  next  after  his  registration,  and  who  in  addition 
thereto  comes  within  either  of  the  classes  provided  for  in  the  five  follow- 
ing subdivisions  of  this  paragraph. 

(1)  All  persons  who  have  honorably  served  in  the  land  or  naval 
forces  of  the  United  States  in  the  Revolutionary  War,  or  in  the  War  of 
1812,  or  in  the  War  with  Mexico,  or  in  any  war  with  the  Indians,  or  in 
the  War  between  <-he  States,  or  in  the  War  with  Spain,  or  who  honorably 
served  in  the  land  or  naval  forces  of  the  Confederate  States  or  of  the 
State  of  Georgia  in  the  War  between  the  States;  or, 

(2)  All  persons  lawfully  descended  from  those  embraced  in  the  classes 
enumerated  in  the  subdivision  next  above;  or, 

(3)  All  persons  who  are  of  good  character  and  understand  the  duties 
and  obligations  of  citizenship  under  a republican  form  of  government;  or, 

(4)  All  persons  who  can  correctly  read  in  the  English  language  any 
paragraph  of  the  Constitution  of  the  United  States  or  of  this  State  and 
correctly  write  the  same  in  the  English  language  when  read  to  them  by 
any  one  of  the  registrars,  and  all  persons  who  solely  because  of  physical 
disability  are  unable  to  comply  with  the  above  requirements,  but  who  can 
understand  and  give  a reasonable  interpretation  of  any  paragraph  of  the 
Constitution  of  the  United  States  or  of  this  State  that  may  be  read  to  them 
by  any  one  of  the  registrars ; or, 


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(5)  Any  person  who  is  the  owner  in  good  faith  in  his  own  right  of  at 
least  forty  acres  of  land  situated  in  this  State,  upon  which  he  resides,  or 
is  the  owner  in  good  faith  in  his  own  right  of  property  situated  in  this 
State  and  assessed  for  taxation  at  the  value  of  $500.00. 

5.  Registrars  Shall  Prepare  Roster. — The  right  to  register  under 
subdivisions  1 and  2 of  paragraph  4 shall  continue  only  until  January  1st, 
1915.  But  the  registrars  shall  prepare  a roster  of  all  persons  who  register 
under  subdivisions  1 and  2 of  paragraph  4,  and  shall  return  the  same  to 
the  clerk's  office  of  the  superior  court  of  their  counties,  and  the  clerks  of 
the  superior  court  shall  send  copies  of  the  same  to  the  Secretary  of  State, 
and  it  shall  be  the  duty  of  these  officers  to  record  and  permanently  pre- 
serve these  rosters.  Any  person  who  has  been  once  registered  under 
either  of  the  subdivisions  1 or  2 of  paragraph  4 shall  thereafter  be  per- 
mitted to  vote:  Provided,  he  meets  the  requirements  of  paragraph  2 and 
3 of  this  Section. 

6.  Appeal  from  Decision  of  Registrars. — Any  person  to  whom  the 
right  of  registration  is  denied  by  the  registrars  upon  the  ground 
that  he  lacks  the  qualifications  set  forth  in  the  five  subdivisions  of  para- 
graph 4 shall  have  the  right  to  take  an  appeal,  and  any  citizen  may  enter 
an  appeal  from  the  decision  of  the  registrars  allowing  any  person  to 
register  under  said  subdivisions.  All  appeals  must  be  filed  in  writing 
with  the  registrars  within  ten  days  from  the  date  of  the  decision  com- 
plained of,  and  shall  be  returned  by  the  registrars  to  the  office  of  the 
clerk  of  the  superior  court  to  be  tried  as  other  appeals. 

7.  Judgment  of  Force  Pending  Appeal. — Pending  an  appeal  and 
until  the  final  decision  of  the  case,  the  judgment  of  the  registrars  shall 
remain  in  full  force. 

8.  Only  Qualified  Voter  Can  Participate  in  Primary.— No  person 
shall  be  allowed  to  particpate  in  a primary  of  any  political  party  or  a 
convention  of  any  political  party  in  this  State  who  is  not  a qualified 
voter. 

9.  Machinery  for  Registration. — The  machinery  provided  by  law 
for  the  registration  of  force  October  1st,  1908,  shall  be  used  to  carry  out 
the  provisions  of  this  Section,  except  when  inconsistent  with  same;  the 
legislature  may  change  or  amend  the  registration  laws  from  time  to  time, 
but  no  such  change  or  amendment  shall  operate  to  defeat  any  of  the  pro- 
visions of  this  Section. 

Section  II.  Registration. 

1.  Registration;  Who  Disfranchised. — The  General  Assembly  may 
provide,  from  time  to  time,  for  the  registration  of  all  electors,  but  the 
following  classes  of  persons  shall  not  be  permitted  to  register,  vote  or 
hold  any  office,  or  appointment  of  honor  or  trust  in  this  State,  to-wit: 


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301 


(1)  Those  who  shall  have  been  convicted,  in  any  court  of  competent 
jurisdiction,  of  treason  against  the  State,  of  embezzlement  of  public  funds, 
malfeasance  in  office,  bribery,  or  larceny,  or  of  anv  crime  involving 
moral  turpitude,  punishable  by  the  laws  of  this  State  with  imprisonment 
in  the  penitentiary,  unless  such  person  shall  have  been  pardoned.  (2) 
Idiots  and  insane  persons. 

Section  III.  Voters'  Privilege. 

1.  Privilege  of  Electors. — Electors  shall,  in  all  cases,  except  for 
treason,  felony,  larceny  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  on  elections,  and  in  going  to  and  returning 
from  the  same. 

Section  IV.  Disqualification  to  Hold  Office. 

1.  Holder  of  Public  Funds. — No  person  who  is  the  holder  of  any 
public  money,  contrary  to  law,  shall  be  eligible  to  any  office  in  this  State 
until  the  same  is  accounted  for  and  paid  into  the  treasury. 

2.  Duelling. — No  person  who,  after  the  adoption  of  this  Constitution, 
being  a resident  of  this  State,  shall  have  been  convicted  of  fighting  a 
duel  in  this  State,  or  convicted  of  sending  or  accepting  a challenge,  or 
convicted  of  aiding  or  abetting  such  duel,  shall  hold  office  in  this  State, 
unless  he  shall  have  been  pardoned;  and  every  such  person  shall  also 
be  subject  to  such  punishment  as  may  be  prescribed  by  law. 

Section  V.  Sale  of  Liquors,  When  Forbidden. 

1.  Sale  of  Liquors  on  Election  Days. — The  General  Assembly  shall, 
by  law,  forbid  the  sale,  distribution,  or  furnishing  of  intoxicating  drinks 
within  two  miles  of  election  precincts  on  days  of  election — State,  county 
or  municipal— and  prescribe  punishment  for  any  violation  of  the  same. 

Section  VI.  Returns  of  Elections. 

1.  Election  Returns. — Returns  of  election  for  all  civil  officers  elected 
by  the  people,  who  are  to  be  commissioned  by  the  Governor,  and  also  for 
the  members  of  the  General  Assembly,  shall  be  made  to  the  Secretary  of 
State,  unless  otherwise  provided  by  law. 

ARTICLE  III.  ' 

LEGISLATIVE  DEPARTMENT. 

Section  I.  Legislative  Power,  Where  Vested. 

1.  Legislative  Power. — The  legislative  power  of  the  State  shall  be 
vested  in  a General  Assembly,  which  shall  consist  of  a Senate  and  House 
of  Representatives. 


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Section  II.  Senatorial  Districts. 

1.  Number  of  Senators,  etc. — The  Senate  shall  consist  of  forty-four 
members.  There  shall  be  forty-four  Senatorial  districts,  as  now  arranged 
by  counties.  Each  district  shall  have  one  Senator. 

2.  Districts  Changed,  How. — The  General  Assembly  may  change 
these  districts  after  each  census  of  the  United  States:  Provided,  that 
neither  the  number  of  districts  nor  the  number  of  senators  from  each 
district  shall  be  increased. 

Section  III.  County  Representation. 

1.  Number  of  Representatives. — The  House  of  Representatives  shall 
consist  of  not  more  than  one  hundred  and  ninety  representatives,  appor- 
tioned among  the  several  counties  as  follows,  to-wit:  (The  apportion- 
ment was  changed  by  the  General  Assembly  in  1911  to  the  following: 
To  the  six  counties  having  the  largest  population,  viz:  Fulton,  Chatham, 
Richmond,  Bibb,  Floyd,  and  Muscogee,  three  representatives  each;  to  the 
twenty-six  counties  having  the  next  largest  population,  viz:  Laurens, 
Carroll,  Jackson,  Sumter,  Thomas,  Decatur,  Gwinnett,  Coweta,  Cobb, 
Washington,  DeKalb,  Burke,  Bulloch,  Troup,  Hall,  Walton,  Bartow, 
Meriwether,  Emanuel,  Lowndes,  Elbert,  Brooks,  Houston,  Wilkes,  Clarke, 
and  Ware,  two  representatives  each;  and  to  the  remaining  one  hundred 
and  fourteen  counties,  one  representative  each.  Since  1911  six  new 
counties  have  been  created,  Wheeler,  Bleckley,  Bacon,  Barrow,  Candler 
and  Evans. 

2.  Changed,  flow. — The  above  apportionment  shall  be  changed  by 
the  General  Assembly  at  its  first  session  after  each  census  taken  by  the 
United  States  Government,  so  as  to  give  the  six  counties  having  the 
largest  population  three  representatives,  each;  and  to  the  twenty-six 
counties  having  the  next  largest  population  two  representatives,  each; 
but  in  no  event  shall  the  aggregate  number  of  representatives  be  in- 
creased. 

Section  IV.  The  General  Assembly. 

1.  Term  of  Members. — The  members  of  the  General  Assembly  shall 
be  elected  for  two  years,  and  shall  serve  until  their  successors  are  elected. 

2.  Election,  When. — The  first  election  for  members  of  the  General 
Assembly,  under  this  Constitution,  shall  take  place  on  the  first  Wednesday 
in  December,  1877;  the  second  election  for  the  same  shall  be  held  on  the 
first  Wednesday  in  October,  1880,  and  subsequent  elections  biennially  on 
that  day,  until  the  day  of  election  is  changed  by  law. 

3.  Meeting  of  the  General  Assembly.— The  first  meeting  of  the 
General  Assembly,  after  the  ratification  of  this  Constitution,  shall  be  on 
the  fourth  Wednesday  in  October,  1878,  and  annually  thereafter,  on  the 


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303 


same  day,  until  the  day  shall  be  changed  by  law.  No  session  of  the 
General  Assembly  shall  continue  longer  than  fifty  days:  Provided,  that 
if  an  impeachment  trial  is  impending  at  the  end  of  fifty  days,  the  session 
may  be  prolonged  till  the  completion  of  said  trial.  (Prior  to  amend- 
ments adopted  in  1892  the  Legislature  met  biennially  for  forty  days. 
Legislature  now  meets  fourth  Wednesday  in  June.) 

4.  Quorum. — A majority  of  each  house  shall  constitute  a quorum  to 
transact  business;  but  a smaller  number  may  adjourn  from  day  to  day 
and  compel  the  presence  of  its  absent  members,  as  each  house  may  pro- 
vide. 

5.  Oath  of  Members. — Each  senator  and  representative,  before  taking 

his  seat,  shall  take  the  following  oath,  or  affirmation,  to-wit:  “I  will 

support  the  Constitution  of  this  State,  and  of  the  United  States;  and  on 
all  questions  and  measures  which  may  come  before  me,  I will  so  conduct 
myself  as  will,  in  my  judgment,  be  most  conducive  to  the  interests  and 
prosperity  of  this  State.” 

6.  Length  of  Sessions. — (Repealed.) 

7.  Eligibility;  Appointments  Forbidden. — No  person  holding  a mili- 
tary commission,  or  other  appointment  or  office,  having  any  emolument, 
or  compensation  annexed  thereto,  under  this  State,  or  the  United  States, 
or  either  of  them,  except  justices  of  the  peace  and  officers  of  the  militia, 
nor  any  defaulter  for  public  money,  or  for  any  legal  taxes  required  of 
him,  shall  have  a seat  in  either  house,  nor  shall  any  senator  or  repre- 
sentative, after  his  qualification  as  such,  be  elected  by  the  General  As- 
sembly, or  appointed  by  the  Governor,  either  with  or  without  the  advice 
and  consent  of  the  Senate,  to  any  office  or  appointment  having  any  emol- 
ument annexed  thereto,  during  the  time  for  which  he  shall  have  been 
elected. 

8.  Removal  Vacates. — The  seat  of  a member  of  either  house  shall  be 
vacated  on  his  removal  from  the  district  or  county  from  which  he  was 
elected. 

Section  V.  The  Senate. 

1.  Qualifications  of  Senators. — The  Senators  shall  be  citizens  of 
the  United  States  who  have  attained  the  age  of  twenty-five  years,  and 
who  shall  have  been  citizens  of  this  State  for  four  years,  and  for  one 
year  residents  of  the  district  from  which  elected. 

2.  President. — The  presiding  officer  of  the  Senate  shall  be  styled  the 
President  of  the  Senate,  and  he  shall  be  elected  viva  voce  from  the 
Senators. 

3.  Impeachments. — The  Senate  shall  have  the  sole  power  to  try  im- 
peachments. 


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4.  Trial  of  Impeachments. — When  sitting  for  that  purpose,  the  mem- 
bers shall  be  on  oath  or  affirmation,  and  shall  be  presided  over  by  the 

Chief  Justice,  or  the  presiding  justice  of  the  Supreme  Court.  Should  the 

Chief  Justice  be  disqualified,  the  Senate  shall  select  the  judge  of  the 
Supreme  Court  to  preside.  No  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present. 

5.  Judgments  in  Impeachments. — Judgments,  in  cases  of  impeach- 

ment, shall  not  extend  further  than  removal  from  office  and  disqualifica- 
tion to  hold  and  enjoy  any  office  of  honor,  trust,  or  profit,  within  this 

State;  but  the  party  convicted  shall,  nevertheless,  be  liable  and  subject 

to  indictment,  trial,  judgment  and  punishment,  according  to  law. 

Section  VI.  The  House  of  Representatives. 

1.  Qualifications  of  Representatives. — The  representatives  shall 
be  citizens  of  the  United  States  who  have  attained  the  age  of  twenty-one 
years,  and  who  shall  have  been  citizens  of  this  State  for  two  years,  and 
for  one  year  residents  of  the  counties  from  which  elected. 

2.  Speaker. — The  presiding  officer  of  the  House  of  Representatives 
shall  be  styled  the  Speaker  of  the  House  of  Representatives,  and  shall  be 
elected  viva  voce  from  the  body. 

3.  Power  to  Impeach. — The  House  of  Representatives  shall  have  the 
sole  power  to  impeach  all  persons  who  shall  have  been,  or  may  be,  in 
office. 

Section  VII.  Enactment  of  Laws. 

1.  Elections,  Returns,  etc.;  Disorderly  Conduct. — Each  house  shall 
be  the  judge  of  the  election,  returns,  and  qualifications  of  its  members 
and  shall  have  power  to  punish  them  for  disorderly  behavior,  or  miscon- 
duct, by  censure,  fine,  imprisonment,  or  expulsion,  but  no  member  shall  be 
expelled,  except  by  a vote  of  two-thirds  of  the  house  to  which  he  belongs. 

2.  Contempts,  How  Punished. — Each  house  may  punish  by  imprison- 
ment, not  extending  beyond  the  session,  any  person,  not  a member,  who 
shall  be  guilty  of  a contempt  by  any  disorderly  behavior  in  its  presence, 
or  who  shall  rescue,  or  attempt  to  rescue,  any  person  arrested  by  order 
of  either  house. 

3.  Privilege  of  Members.' — The  members  of  both  houses  shall  be  free 
from  arrest  during  their  attendance  on  the  General  Assembly,  and  in 
going  thereto  or  returning  therefrom,  except  for  treason,  felony,  larceny, 
or  breach  of  the  peace;  and  no  member  shall  be  liable  to  answer  in  any 
other  place  for  anything  spoken  in  debate  in  either  house. 

4.  Journals. — Each  house  shall  keep  a journal  of  its  proceedings,  and 
publish  it  immediately  after  its  adjournment. 


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305 


5.  Where  Kept. — The  original  journal  shall  be  preserved,  after  pub- 
lication, in  the  office  of  the  Secretary  of  State,  but  there  shall  be  no  other 
record  thereof. 

6.  Yeas  and  Nays,  When  Taken. — The  yeas  and  nays  on  any  ques- 
tion shall,  at  the  desire  of  one-fifth  of  the  members  present,  be  entered 
on  the  journal. 

7.  Bills  to  be  Read. — Every  bill,  before  it  shall  pass,  shall  be  read 
three  times,  and  on  three  separate  days,  in  each  house,  unless  in  cases  of 
actual  invasion  or  insurrection ; but  the  first  and  second  reading  of  each 
local  bill,  and  bank  and  railroad  charters  shall  consist  of  the  reading 
of  the  title  only,  unless  said  bill  is  ordered  to  be  engrossed. 

8.  One  Subject-Matter  Expressed. — No  law  or  ordinance  shall  pass 
which  refers  to  more  than  one  subject-matter,  or  contains  matter  different 
from  what  is  expressed  in  the  title  thereof. 

9.  General  Appropriation  Bill. — The  general  appropriation  bill 
shall  embrace  nothing  except  appropriations  fixed  by  previous  laws,  the 
ordinary  expenses  of  the  executive,  legislative,  and  judicial  departments 
of  the  government,  payment  of  the  public  debt  and  interest  thereon,  and 
the  support  of  the  public  institutions  and  educational  interests  of  the 
State.  All  other  appropriations  shall  be  made  by  separate  bills,  each 
embracing  but  one  subject. 

10.  Bills  for  Revenue. — All  bills  for  raising  revenue,  or  appropriating 
money,  shall  originate  in  the  House  of  Representatives,  but  the  Senate 
may  propose  or  concur  in  amendments,  as  in  other  bills. 

11.  Public  Money,  How  Drawn. — No  money  shall  be  drawn  from  the 
treasury  except  by  appropriation  made  by  law ; and  a regular  statement 
and  account  of  the  receipt  and  expenditure  of  all  public  money  shall  be 
published  every  three  months,  and,  also,  with  the  laws  passed  by  each 
session  of  the  General  Assembly. 

12.  Bills  Appropriating  Money. — No  bill  or  resolution  appropriating 
money  shall  become  a law,  unless,,  upon  its  passage,  the  yeas  and  nays, 
in  each  house,  are  recorded. 

13.  Acts  Signed;  Rejected  Bills. — All  acts  shall  be  signed  by  the 
President  of  the  Senate  and  the  Speaker  of  the  House  of  Representatives, 
and  no  bill,  ordinance,  or  resolution,  intended  to  have  the  effect  of  a 
law,  which  shall  have  been  rejected  by  either  house,  shall  be  again  pro- 
posed during  the  same  session,  under  the  same  or  any  other  title,  without 
the  consent  of  two-thirds  of  the  house  by  which  the  same  was  rejected. 

14.  Majority  of  Members  to  Pass  Bill. — No  bill  shall  become  a law 
unless  it  shall  receive  a majority  of  the  votes  of  all  the  members  elected 
to  each  house  of  the  General  Assembly,  and  it  shall,  in  every  instance, 
so  appear  on  the  journal. 

15.  Local  Bills. — (Stricken  out  by  amendment.) 


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16.  Notice  of  Intention  to  Ask  Local  Legislation  Necessary. — No 
local  or  special  bill  shall  be  passed,  unless  notice  of  the  intention  to  apply 
therefor  shall  have  been  published  in  the  locality  where  the  matter,  or 
thing  to  be  effected,  may  be  situated,  which  notice  shall  be  given  at  least 
thirty  days  prior  to  the  introduction  of  such  bill  into  the  General  Assem- 
bly, and  in  the  manner  to  be  prescribed  by  law.  The  evidence  of  such 
notice  having  been  published  shall  be  exhibited  in  the  General  Assem- 
bly before  such  act  shall  be  passed. 

17.  Statutes  and  Sections  of  Code,  How  Amended. — No  law,  or  sec- 
tion of  the  Code,  shall  be  amended  or  repealed  by  mere- reference  to  its 
title,  or  to  the  number  of  the  section  of  the  Code,  but  the  amending  or 
repealing  act  shall  distinctly  describe  the  law  to  be  amended  or  repealed, 
as  well  as  the  alteration  to  be  made. 

18.  Corporate  Powers,  How  Granted. — The  General  Assembly  shall 
have  no  power  to  grant  corporate  powers  and  privileges  to  private  com- 
panies; to  make  or  change  election  precincts;  nor  to  establish  bridges  or 
ferries;  nor  to  change  names  of  legitimate  children;  but  it  shall  pre- 
scribe by  law  the  manner  in  which  such  powers  shall  be  exercised  by  the 
courts;  it  may  confer  this  authority  to  grant  corporate  powers  and  privi- 
leges to  private  companies  to  the  judges  of  the  superior  courts  of  this 
State  in  vacation.  All  corporate  powers  and  privileges  to  banking,  in- 
surance, railroad,  canal,  navigation,  express  and  telegraph  companies 
shall  be  issued  and  granted  by  the  secretary  of  State,  in  such  manner  as 
shall  be  prescribed  by  law;  and  if  in  any  event  the  secretary  of  State 
should  be  disqualified  to  act  in  any  case,  then  in  that  event  the  legisla- 
ture shall  provide  by  general  laws  by  what  person  such  charters  shall 
be  granted. 

19.  Recognizances. — The  General  Assembly  shall  have  no  power  to 
relieve  principals  or  securities  upon  forfeited  recognizances,  from  the1 
payment  thereof,  either  before  or  after  judgment  thereon,  unless  the 
principal  in  the  recognizance  shall  have  been  apprehended  and  placed  in 
the  custody  of  the  proper  officer. 

20.  Street  Railways. — The  General  Assembly  shall  not  authorize  the 
construction  of  any  street  passenger  railway  within  the  limits  of  any 
incorporated  town  or  city,  without  the  consent  of  the  corporate  authori- 
ties. 

21.  Yeas  and  Nays  to  be  Entered,  When.— Whenever  the  Constitu- 
tion requires  a vote  of  two-thirds  of  either  or  both  houses  for  the  passing 
of  an  act  or  resolution,  the  yeas  and  nays  on  the  passage  thereof  shall  be 
entered  on  the  journal. 

22.  Powers  of  the  Legislature. — The  General  Assembly  shall  have 
power  to  make  all  laws  and  ordinances  consistent  with  this  Constitution, 


History  of  Georgia 


307 


and  not  repugnant  to  the  Constitution  of  the  United  States,  which  they 
shall  deem  necessary  and  proper  for  the  welfare  of  the  State. 

23.  Signature  of  Governor.— No  provision  in  this  Constitution,  for  a 
two-thirds  vote  of  both  houses  of  the  General  Assembly,  shall  be  con- 
strued to  waive  the  necessity  for  the  signature  of  the  Governor,  as  in 
any  other  case,  except  in  the  case  of  the  two-thirds  vote  required  to  over- 
ride the  veto,  and  in  case  of  prolongation  of  a session  of  the  General 
Vsspmblv. 

24.  Adjournments. — Neither  house  shall  adjourn  for  more  than  three 
days,  or  to  any  other  place,  without  the  consent  of  the  other;  and  in  case 
of  disagreement  between  the  two  houses  on  a question  of  adjournment, 
the  Governor  may  adjourn  either  or  both  of  them. 

Section  VIII.  Officers  of  the  General  Assembly. 

1.  Secretary  and  Cleric. — The  officers  of  the  two  houses,  other  than 
the  President  and  Speaker,  shall  be  a secretary  of  the  Senate,  and  clerk 
of  the  House  of  Representatives,  and  such  assistants  as  they  may  appoint; 
but  the  clerical  expenses  of  the  Senate  shall  not  exceed  sixty  dollars  per 
day,  for  each  session,  nor  those  of  the  House  of  Representatives  seventy 
dollars  per  day,  for  each  session.  The  secretary  of  the  Senate  and  clerk 
of  the  House  of  Representatives  shall  be  required  to  give  bond  and 
security  for  the  faithful  discharge  of  their  respective  duties. 

Section  IX.  Pay  of  Members. 

1.  Compensation.— The  per  diem  of  members  of  the  General  Assem- 
bly shall  not  exceed  four  dollars;  and  mileage  shall  not  exceed  ten  cents 
for  each  mile  travelled,  by  the  nearest  practicable  route,  in  going  to,  and 
returning  from,  the  capital ; but  the  President  of  the  Senate  and  the 
Speaker  of  the  House  of  Representatives  shall  each  receive  not  exceeding 
seven  dollars  per  day. 

Section  X.  Elections  by  General  Assembly. 

1.  Elections. — All  elections  by  the  General  Assembly  shall  be  viva 
voce,  and  the  vote  shall  appear  on  the  journal  of  the  House  of  Repre- 
sentatives. When  the  Senate  and  House  of  Representatives  unite  for  the 
purpose  of  elections,  they  shall  meet  in  the  Representative  Hall,  and  the 
President  of  the  Senate  shall,  in  such  cases,  preside  and  declare  the 
result. 

Section  XI.  Married  Woman’s  Property. 

1.  Wife’s  Estate. — All  property  of  the  wife  at  the  time  of  her  mar- 
riage, and  all  property  given  to,  inherited,  or  acquired  by  her,  shall 
remain  her  separate  property,  and  not  be  liable  for  the  debts  of  her 
husband. 


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Section  XII.  Insurance  Companies. 

1.  Non-Resident  Insurance  Companies. — All  life-insurance  companies 
now  doing  business  in  this  State,  or  which  may  desire  to  establish 
agencies  and  do  business  in  the  State  of  Georgia,  chartered  by  other 
States  of  the  Union,  or  foreign  states,  shall  show  that  they  have  deposited 
with  the  comptroller-general  of  the  State  in  which  they  are  chartered, 
or  of  this  State,  the  insurance  commissioners,  or  such  other  officer  as 
may  be  authorized  to  receive  it,  not  less  than  one  hundred  thousand 
dollars,  in  such  securities  as  may  be  deemed  by  such  officer  equivalent  to 
cash,  subject  to  his  order,  as  a guarantee  fund  for  the  security  of  policy 
holders. 

2.  License  by  Comptroller. — When  such  showing  is  made  to  the 
comptroller-general  of  the  State  of  Georgia  by  a proper  certificate  from 
the  State  official  having  charge  of  the  funds  so  deposited,  the  comptroller- 
general  of  the  State  of  Georgia  is  authorized  to  issue,  to  the  company 
making  such  showing,  a license  to  do  business  in  the  State,  upon  paying 
the  fees  required  by  law. 

3.  Resident  Insurance  Companies. — All  life-insurance  companies 
chartered  by  the  State  of  Georgia,  or  which  may  hereafter  be  chartered 
by  the  State,  shall,  before  doing  business,  deposit,  with  the  comptroller- 
general  of  the  State  of  Georgia,  or  with  some  strong  corporation,  which 
may  be  approved  by  said  comptroller-general,  one  hundred  thousand 
dollars,  in  such  securities  as  may  be  deemed  by  him  equivalent  to  cash, 
to  be  subject  to  his  order,  as  a guarantee  fund  for  the  security  of  the 
policy  holders  of  the  company  making  such  deposit,  all  interests  and  divi- 
dends arising  from  such  securities  to  be  paid,  when  due,  to  the  company  so 
depositing.  Any  such  securities  as  may  be  needed  or  desired  by  the  com- 
pany may  be  taken  from  said  department  at  any  time  by  replacing  them 
with  other  securities  equally  acceptable  to  the  comptroller-general,  whose 
certificate  for  the  same  shall  be  furnished  to  the  company. 

4.  General  Assembly  to  Enact  Laws  for  People’s  Protection,  etc. 
—-The  General  Assembly  shall,  from  time  to  time,  enact  laws  to  compel 
all  fire-insurance  companies  doing  business  in  this  State,  whether  char- 
tered by  this  State  or  otherwise,  to  deposit  reasonable  securities  with  the 
treasurer  of  this  State,  to  secure  the  people  against  loss  by  the  operations 
of  said  companies. 

5.  Reports  by  Insurance  Companies. — The  General  Assembly  shall 
compel  all  insurance  companies  in  this  State  or  doing  business  therein, 
under  proper  penalties,  to  make  semi-annual  reports  to  the  Governor, 
and  print  the  same  at  their  own  expense,  for  the  information  and  pro- 
tection of  the  people. 


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309 


ARTICLE  IV. 

POWER  OF  THE  GENERAL  ASSEMBLY  OVER  TAXATION. 

Section  I.  Taxation. 

1.  Taxation,  a Sovereign  Right. — The  right  of  taxation  is  a sovereign 
right,  inalienable,  indestructible,  is  the  life  of  the  State,  and  rightfully 
belongs  to  the  people  in  all  republican  governments,  and  neither  the 
General  Assembly,  nor  any  nor  all  other  departments  of  the  government 
established  by  this  Constitution,  shall  ever  have  the  authority  to  irrevo- 
cably give,  grant,  limit,  or  restrain  this  right;  and  all  laws,  grants,  con- 
tracts, and  all  other  acts  whatsoever,  by  said  government,  or  any  depart- 
ment thereof,  to  effect  any  of  these  purposes,  shall  be  and  are  hereby 
declared  to  be  null  and  void  for  every  purpose  whatsoever;  and  said 
right  of  taxation  shall  always  be  under  the  complete  control  of,  and 
revocable  by,  the  State,  notwithstanding  any  gift,  grant,  or  contract  what- 
soever by  the  General  Assembly. 

Section  II.  Regulation  of  Corporations. 

1.  Railroad  Tariffs. — The  power  and  authority  of  regulating  railroad 
freights  and  passenger  tariffs,  preventing  unjust  discriminations,  and  re- 
quiring reasonable  and  just  rates  of  freight  and  passenger  tariffs,  are 
hereby  conferred  upon  the  General  Assembly,  whose  duty  it  shall  be  to 
pass  laws,  from  time  to  time,  to  regulate  freight  and  passenger  tariffs, 
to  prohibit  unjust  discriminations  on  the  various  railroads  of  this  State, 
and  to  prohibit  said  roads  from  charging  other  than  just  and  reasonable 
rates,  and  enforce  the  same  by  adequate  penalties. 

2.  Right  of  Eminent  Domain  ; Police  Power. — The  exercise  of  the 
right  of  eminent  domain  shall  never  be  abridged,  nor  so  construed  as  to 
prevent  the  General  Assembly  from  taking  the  property  and  franchises 
of  incorporated  companies;  and  subjecting  them  to  public  use,  the  same 
as  property  of  individuals;  and  the  exercise  of  the  police  power  of  the 
State  shall  never  be  abridged,  nor  so  construed  as  to  permit  corporations 
to  conduct  their  business  in  such  a manner  as  to  infringe  the  equal  rights 
of  individuals,  or  the  general  well-being  of  the  State. 

3.  Charters  Revived  or  Amended  Become  Subject  to  this  Constitu- 
tion.— The  General  Assembly  shall  not  remit  the  forfeiture  of  the  char- 
ter of  any  corporation,  now  existing,  nor  alter  or  amend  the  same,  nor 
pass  any  other  general  or  special  law  for  the  benefit  of  said  corporation 
except  upon  the  condition  that  such  corporation  shall  thereafter  hold  its 
charter  subject  to  the  provisions  of  this  Constitution;  and  every  amend- 
ment of  any  charter  of  any  corporation  in  this  State,  or  any  special  law 
for  its  benefit,  accepted  thereby,  shall  operate  as  a novation  of  said 
charter,  and  shall  bring  the  same  under  the  provisions  of  this  Constitution: 


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Provided,  that  this  section  shall  not  extend  to  any  amendment  for  the 
purpose  of  allowing  any  existing  road  to  take  stock  in  or  aid  in  the 
building  of  any  branch  road. 

4.  Buying  Stock,  etc.,  in  Other  Corporations;  Competition. — The 
General  Assembly  of  this  State  shall  have  no  power  to  authorize  any 
corporation  to  buy  shares  or  stock  in  any  other  corporation  in  this  State 
or  elsewhere,  or  to  make  any  contract,  or  agreement  whatever,  with  any 
such  corporation,  which  may  have  the  effect,  or  be  intended  to  have  the 
effect,  to  defeat  or  lessen  competition  in  their  respective  businesses,  or  to 
encourage  monopoly;  and  all  such  contracts  and  agreements  shall  be 
illegal  and  void. 

5.  Rebates. — No  railroad  company  shall  give,  or  pay,  any  rebate  or 
bonus  in  the  nature  thereof,  directly  or  indirectly,  or  do  any  act  to  mis- 
lead or  deceive  the  public  as  to  the  real  rates  charged  or  received  for 
freights  or  passage;  and  any  such  payments  shall  be  illegal  and  void, 
and  these  prohibitions  shall  be  enforced  by  suitable  penalties. 

6.  Obligation  of  Contracts  Preserved. — -No  provision  of  this  Article 
shall  be  deemed,  held  or  taken  to  impair  the  obligation  of  any  contract 
heretofore  made  by  the  State  of  Georgia. 

7.  General  Assembly  to  Enforce. — The  General  Assembly  shall  en- 
force the  provisions  of  this  Article  by  appropriate  legislation. 


ARTICLE  V. 

EXECUTIVE  DEPARTMENT. 

Section  I.  Governor. 

1.  Executive  Department. — The  officers  of  the  Executive  Department 
shall  consist  of  a Governor,  secretary  of  State,  comptroller-general  and 
treasurer. 

2.  Governor;  Term  of  Office,  Salary,  etc. — The  Executive  power 
shall  be  vested  in  a Governor,  who  shall  hold  his  office  during  the  term 
of  two  years,  and  until  his  successor  shall  be  chosen  and  qualified.  He 
shall  not  be  eligible  to  re-election,  after  the  expiration  of  a second  term, 
for  the  period  of  four  years.  He  shall  have  a salary  of  three  thousand 
dollars  per  annum  (until  otherwise  provided  by  a law  passed  by  a two- 
thirds  vote  of  both  branches  of  the  General  Assembly),  which  shall  not 
be  increased  or  diminished  during  the  period  for  which  he  shall  have 
been  elected;  nor  shall  he  receive,  within  that  time,  any  other  emolu- 
ment from  the  United  States,  or  either  of  them,  or  from  any  foreign 
power.  But  this  reduction  of  salary  shall  not  apply  to  the  present  term 
of  the  present  Governor. 


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311 


3.  Election  for  Governor. — The  first  election  for  Governor,  under 
this  Constitution,  shall  be  held  on  the  first  Wednesday  in  October,  1880, 
and  the  Governor-elect  shall  be  installed  in  office  at  the  next  session  of 
the  General  Assembly.  An  election  shall  take  place  biennially  there- 
after, on  said  day,  until  another  date  be  fixed  by  the  General  Assembly. 
Said  election  shall  be  held  at  the  places  of  holding  general  elections  in 
the  several  counties  of  this  State,  in  the  manner  prescribed  for  the  elec- 
tion of  members  of  the  General  Assembly,  and  the  electors  shall  be  the 
same. 

4.  Returns  of  Elections.— -The  returns  for  every  election  of  Governor 
shall  be  sealed  up  by  the  managers,  separately  from  other  returns,  and 
directed  to  the  President  of  the  Senate  and  Speaker  of  the  House  of  Rep- 
resentatives, and  transmitted  to  the  secretary  of  State,  who  shall,  without 
opening  said  returns,  cause  the  same  to  be  laid  before  the  Senate  on  the 
day  after  the  two  houses  shall  have  been  organized,  and  they  shall  be 
transmitted  by  the  Senate  to  the  House  of  Representatives. 

5.  How  Published.. — The  members  of  each  branch  of  the  General 
Assembly  shall  convene  in  the  Representative  Hall,  and  the  President  of 
the  Senate  and  Speaker  of  the  House  of  Representatives  shall  open  and 
publish  the  returns  in  the  presence  and  under  the  direction  of  the  Gen- 
eral Assembly and  the  person  having  the  majority  of  the  whole  number 
of  votes  shall  be  declared  duly  elected  Governor  of  this  State,  but  if  no 
person  shall  have  such  majority,  then  from  the  two  persons  having  the 
highest  number  of  votes,  who  shall  be  in  life,  and  shall  not  decline  an 
election  at  the  time  appointed  for  the  General  Assembly  to  elect,  the 
General  Assembly  shall,  immediately,  elect  a Governor  viva  voce;  and 
in  all  cases  of  election  of  a Governor  by  the  General  Assembly  a major- 
ity of  the  members  present  shall  be  necessary  to  a choice. 

6.  Contested  Elections. — Contested  elections  shall  be  determined  by 
both  houses  of  the  General  Assembly  in  such  manner  as  shall  be  pre- 
scribed by  law. 

7.  Qualifications  of  Governor. — No  person  shall  be  eligible  to  the 
office  of  Governor  who  shall  not  have  been  a citizen  of  the  United  States 
fifteen  years,  and  a citizen  of  the  State  six  years,  and  who  shall  not  have 
attained  the  age  of  thirty  years. 

8.  Death,  Resignation,  or  Disability  of  Governor. — In  case  of  the 
death,  resignation,  or  disability  of  the  Governor,  the  President  of  the 
Senate  shall  exercise  the  executive  powers  of  the  government  until  such 
disability  be  removed,  or  a successor  is  elected  and  qualified.  And  in 
case  of  the  death,  resignation,  or  disability  of  the  President  of  the  Sen- 
ate, the  Speaker  of  the  House  of  Representatives  shall  exercise  the  execu- 
tive powers  of  the  government  until  the  removal  of  the  disability,  or  the 
election  and  qualification  of  a Governor. 


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9.  Unexpired  Terms. — The  General  Assembly  shall  have  power  to 
provide,  by  law,  for  filling  unexpired  terms  by  special  elections. 

10.  Oath  of  Office. — The  Governor  shall,  before  he  enters  on  the 
duties  of  his  office,  take  the  following  oath  or  affirmation:  “I  do  solemnly 
swear  (or  affirm,  as  the  case  may  be)  that  I will  faithfully  execute  the 
office  of  Governor  of  the  State  of  Georgia,  and  will,  to  the  best  of  my 
ability,  preserve,  protect  and  defend  the  Constitution  thereof,  and  the 
Constitution  of  the  United  States  of  America.” 

11.  Commander-in-chief. — The  Governor  shall  be  commander-in- 
chief  of  the  army  and  navy  of  this  State,  and  of  the  militia  thereof. 

12.  Reprieves  and  Pardons. — He  shall  have  power  to  grant  reprieves 
and  pardons,  to  commute  penalties,  remove  disabilities  imposed  by  law, 
and  to  remit  any  part  of  a sentence  for  offenses  against  the  State,  after 
conviction,  except  in  cases  of  treason  and  impeachment,  subject  to  such 
regulations  as  may  be  provided  by  law  relative  to  the  manner  of  apply- 
ing for  pardons.  Upon  conviction  for  treason  he  may  suspend  the  exe- 
cution of  the  sentence  and  report  the  case  to  the  General  Assembly  at 
the  next  meeting  thereof,  when  the  General  Assembly  shall  either  pardon, 
cummute  the  sentence,  direct  its  execution,  or  grant  a further  reprieve. 
He  shall,  at  each  session  of  the  General  Assembly,  communicate  to  that 
body  each  case  of  reprieve,  pardon  or  commutation  granted,  stating  the 
name  of  the  convict,  the  offense  for  which  he  was  convicted,  the  sentence 
and  its  date,  the  date  of  the  reprieve,  pardon  or  commutation,  and  the 
reasons  for  granting  the  same.  He  shall  take  care  that  the  laws  are 
faithfully  executed,  and  shall  be  a conservator  of  the  peace  throughout 
the  State. 

13.  Writs  of  Elections;  Called  Sessions  of  the  Legislature. — He 
shall  issue  writs  of  election  to  fill  all  vacancies  that  may  happen  in  the 
Senate  or  House  of  Representatives,  and  shall  give  the  General  Assem- 
bly, from  time  to  time,  information  of  the  state  of  the  Commonwealth, 
and  recommend  to  their  consideration  such  measures  as  he  may  deem 
necessary  or  expedient.  He  shall  have  power  to  convoke  the  General 
Assembly  on  extraordinary  occ.sions,  but  no  law  shall  be  enacted  at 
called  sessions  of  the  General  Assembly  except  such  as  shall  relate  to 
the  object  stated  in  his  proclamation  convening  them. 

14.  Filling  Vacancies. — When  any  office  shall  become  vacant,  by 
death,  resignation,  or  otherwise,  the  Governor  shall  have  power  to  fill 
such  vacancy,  unless  otherwise  provided  by  law;  and  persons  so  ap- 
pointed shall  continue  in  office  until  a successor  is  commissioned,  agree- 
ably to  the  mode  pointed  out  by  this  Constitution,  or  by  law  in  pursuance 
thereof. 


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313 


15.  Appointments  Rejected. — A person  once  rejected  by  the  Senate 
shall  not  be  reappointed  by  the  Governor  to  the  same  office  during  the 
same  session,  or  the  recess  thereafter. 

16.  Governor’s  Veto. — The  Governor  shall  have  the  revision  of  all 
bills  passed  by  the  General  Assembly,  before  the  same  shall  become 
laws,  but  two-thirds  of  each  house  may  pass  a law  notwithstanding  his 
dissent;  and  if  any  bill  should  not  be  returned  by  the  Governor  within 
five  days  (Sundays  excepted)  after  it  has  been  presented  to  him,  the  same 
shall  be  a law,  unless  the  General  Assembly,  by  their  adjournment,  shall 
prevent  its  return.  He  may  approve  any  appropriation,  and  disapprove 
any  other  appropriation,  in  the  same  bill,  and  the  latter  shall  not  be 
effectual  unless  passed  by  two-thirds  of  each  house. 

17.  Governor  Must  Approve. — Every  vote,  resolution,  or  order,  to 
which  the  concurrence  of  both  houses  may  be  necessary,  except  on  a 
question  of  election,  or  adjournment,  shall  be  presented  to  the  Governor, 
and,  before  it  shall  take  effect,  be  approved  by  him,  or,  being  disap- 
proved, shall  be  repassed  by  two-thirds  of  each  house. 

18.  Information  from  Department  Officers;  Treasurer  and 
Comptroller. — He  may  require  information,  in  writing,  from  the  officers 
in  the  Executive  Department  on  any  .subject  relating  to  the  duties  of 
their  respective  offices.  It  shall  be  the  duty  of  the  Governor,  quarterly, 
and  oftener  if  he  deems  it  expedient,  to  examine,  under  oath,  the  treasurer 
and  comptroller-general  of  the  State  on  all  matters  pertaining  to  their 
respective  offices,  and  to  inspect  and  review  their  books  and  accounts. 
The  General  Assembly  shall  have  authority  to  provide  by  law  for  the 
suspension  of  either  of  said  officers,  from  the  discharge  of  the  duties  of 
his  office,  and  also  for  the  appointment  of  a suitable  person  to  discharge 
the  duties  of  the  same. 

19.  Secretaries. — The  Governor  shall  have  power  to  appoint  his 
own  secretaries  not  exceeding  two  in  number,  and  to  provide  such  other 
clerical  force  as  may  be  required  in  his  office,  but  the  total  cost  for 
secretaries  and  clerical  force  in  his  office  shall  not  exceed  six  thousand 
dollars  per  annum. 

Section  II.  Other  Executive  Officers. 

1.  Secretary  of  State,  Comptroller  and  Treasurer,  How  Elected.^ 
The  secretary  of  State,  comptroller-general  and  treasurer  shall  be 
elected  by  persons  qualified  to  vote  for  members  of  the  General  Assem- 
bly, at  the  same  time  and  in  the  same  manner  as  the  Governor.  The 
provisions  of  the  Constitution  as  to  the  transmission  of  the  returns  of 
l election,  counting  the  votes,  declaring  the  result,  deciding  when  there 
is  no  election,  and  when  there  is  a contested  election,  applicable  to  the 


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election  of  Governor,  shall  apply  to  the  election  of  secretary  of  State, 
comptroller-general  and  treasurer;  they  shall  be  commissioned  by  the 
Governor  and  hold  their  offices  tor  the  same  time  as  the  Governor. 

2.  Treasurer’s  Salary. — The  salary  of  the  treasurer  shall  not  exceed 
two  thousand  dollars  per  annum.  The  clerical  expenses  of  his  depart- 
ment shall  not  exceed  sixteen  hundred  dollars  per  annum. 

3.  Salary  of  Secretary  of  State. — The  salary  of  the  secretary  of 
State  shall  not  exceed  two  thousand  dollars  per  annum,  and  the  clerical 
expenses  of  his  department  shall  not  exceed  one  thousand  dollars  per 
annum. 

4.  Comptroller-General’s  Salary. — The  salary  of  the  comptroller- 
general  shall  not  exceed  two  thousand  dollars  per  annum.  The  clerical 
expenses  of  his  department,  including  the  insurance  department  and 
wild-land  clerk,  shall  not  exceed  four  thousand  dollars  per  annum;  and 
without  said  clerk,  it  shall  not  exceed  three  thousand  dollars  per  annum. 

5.  Profit  from  Use  of  Public  Money. — The  treasurer  shall  not  be 
allowed,  directly  or  indirectly,  to  receive  any  fee,  interest,  or  reward 
from  any  person,  bank,  or  corporation  for  the  deposit  or  use,  in  any 
manner,  of  the  public  funds;  and  the  General  Assembly  shall  enforce 
this  provision  by  suitable  penalties. 

6.  Qualifications. — No  person  shall  be  eligible  to  the  office  of  secre- 
tary of  State,  comptroller-general,  or  treasurer,  unless  he  shall  have  been 
a citizen  of  the  United  States  for  ten  years,  and  shall  have  resided 
in  this  State  for  six  years  next  preceding  his  election,  and  shall  be 
twenty-five  years  of  age  when  elected.  All  of  said  officers  shall  give 
bond  and  security,  under  regulations  to  be  prescribed  by  law,  for  the 
faithful  discharge  of  their  duties. 

7.  Fees  and  Perquisites  Denied. — The  secretary  of  State,  the  comp- 
troller-general, and  the  treasurer,  shall  not  be  allowed  any  fee,  per- 
quisite, or  compensation,  other  than  their  salaries,  as  prescribed  by  law, 
except  their  necessary  expenses  when  absent  from  the  seat  of  govern- 
ment on  business  for  the  State. 

Section  III.  Seal  of  State. 

1.  Great  Seal. — The  Great  Seal  of  the  State  shall  be  deposited  in 
the  office  of  the  secretary  of  State,  and  shall  not  be  affixed  to  any 
instrument  of  writing  except  by  order  of  the  Governor,  or  General 
Assembly,  and  that  now  in  use  shall  be  the  Great  Seal  of  the  State 
until  otherwise  provided  by  law. 


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315 


ARTICLE  VI. 

JUDICIARY. 

Section  I.  Courts. 

1.  Courts  Enumerated. — The  -judicial  powers  of  this  State  shall  be 
vested  in  a Supreme  Court,  a Court  of  Appeals,  superior  courts,  courts 
of  ordinary,  justices  of  the  peace,  commissioned  notaries  public,  and 
such  other  courts  as  have  been  or  may  be  established  by  law. 

Section  II.  Supreme  Court  and  Court  of  Appeals. 

1.  Supreme  Court  Judges. — The  Supreme  Court  shall  consist  of  a 
Chief  Justice  and  five  Associate  Justices.  A majority  of  the  court  shall 
constitute  a quorum. 

2.  Governor  to  Designate  Judges  to  Preside,  When. — When  one 
or  more  of  the  judges  are  disqualified  from  deciding  any  case,  by  in- 
terest or  otherwise,  the  Governor  shall  designate  a judge,  or  judges,  of 
the  superior  courts  to  preside  in  said  case. 

3.  Bondholding  Judge  Disqualified,  When. — No  judge  of  any  court 
shall  preside  in  any  case  where  the  validity  of  any  bond — Federal,  State, 
corporation,  or  municipal — is  involved,  who  holds  in  his  own  right,  or 
as  the  representative  of  others,  any  material  interest  in  the  class  of 
bonds  upon  which  the  question  to  be  decided  arises. 

4.  Terms  of  Office. — The  Chief  Justice  and  Associate  Justices  shall 
hold  their  offices  for  six  years,  and  until  their  successors  are  qualified.  A 
successor  to  the  incumbent  whose  term  will  soonest  expire  shall  be  elected 
by  the  General  Assembly  in  1880;  a successor  to  the  incumbent  whose 
term  of  office  is  next  in  duration  shall  be  elected  by  the  General  Assembly 
in  1882;  and  a successor  to  the  third  incumbent  shall  be  elected  by  the 
General  Assembly  in  1884;  but  appointments  to  fill  vacancies  shall  only 
be  for  the  unexpired  term,  or  until  such  vacancies  are  filled  by  elections, 
agreeably  to  the  mode  pointed  out  by  this  Constitution. 

5.  The  Supreme  Court  shall  have  no  original  jurisdiction,  but  shall 
be  a court  alone  for  the  trial  and  correction  of  errors  of  law  from  the 
superior  courts  and  the  City  Courts  of  Atlanta  and  Savannah,  and  such 
other  like  courts  as  have  been  or  may  hereafter  be  established  in  other 
cities;  in  all  cases  that  involve  the  construction  of  the  Constitution  of 
the  State  of  Georgia  or  of  the  United  States,  or  of  treaties  between  the 
United  States  and  foreign  governments;  in  all  cases  in  which  the  con- 
stitutionality of  any  law  of  the  State  of  Georgia  or  of  the  United  States 
is  drawn  in  question;  and,  until  otherwise  provided  by  law,  in  all  cases 
respecting  titles  to  land;  in  all  equity  cases;  in  all  cases  which  involve  the 
validity  of,  or  the  construction  of  wills;  in  all  cases  of  conviction  of  a cap- 


316 


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ital  felony;  in  all  habeas-corpus  cases;  in  all  cases  involving  extraordinary 
remedies;  in  all  divorce  and  alimony  cases,  and  in  all  cases  certified 
to  it  by  the  Court  of  Appeals  for  its  determination.  It  shall  also  be 
competent  for  the  Supreme  Court  to  require  by  certiorari  or  otherwise 
any  case  to  be  certified  to  the  Supreme  Court  from  the  Court  of  Appeals 
for  review  and  determination  with  the  same  power  and  authority  as  if 
the  case  had  been  carried  by  writ  of  error  to  the  Supreme  Court.  Any 
case  carried  to  the  Supreme  Court  or  to  the  Court  of  Appeals,  which 
belongs  to  the  class  of  which  the  other  court  has  jurisdiction,  shall  until 
otherwise  provided  by  law,  be  transferred  to  the  other  court  under  such 
rules  as  the  Supreme  Court  may  prescribe,  and  the  cases  so  transferred 
shall  be  heard  and  determined  by  the  court  which  has  jurisdiction  thereof. 

6.  Cases,  How  Disposed  of. — The  Supreme  Court  shall  dispose  of 
every  case  at  the  first  or  second  term  after  such  writ  of  error  is  brought; 
and  in  case  the  plaintiff  in  error  shall  not  be  prepared  at  the  first  term 
to  prosecute  the  case — unless  prevented  by  providential  cause — it  shall  be 
stricken  from  the  docket,  and  the  judgment  below  shall  stand  affirmed. 

7.  Judgments  May  Be  Withheld. — In  any  case  the  court  may,  in  its 
discretion,  withhold  its  judgment  until  the  next  term  after  the  same  is 
argued. 

8.  The  Supreme  Court  shall  hereafter  consist  of  a Chief  Justice  and 
five  Associate  Justices.  The  court  shall  have  power  to  hear  and  deter- 
mine cases  when  sitting  either  in  a body  or  in  two  divisions  of  three 
judges  each,  under  such  regulations  as  may  be  prescribed  by  the  General 
Assembly.  A majority  of  either  division  shall  constitute  a quorum  for 
that  division.  The  Chief  Justice  and  the  Associate  Justices  of  the  Su- 
preme Court  shall  hereafter  be  elected  by  the  people  at  the  same  time 
and  in  the  same  manner  as  the  Governor  and  State  House  officers  are 
elected.  (Clauses  of  only  temporary  force  omitted.)  All  terms  (except 
unexpired  terms)  shall  be  for  six  years  each.  In  case  of  any  vacancy 
which  causes  an  unexpired  term,  the  same  shall  be  filled  by  executive 
appointment,  and  the  person  appointed  by  the  Governor  shall  hold  his 
office  until  the  next  regular  election,  and  until  his  successor  for  the 
balance  of  the  unexpired  term  shall  have  been  elected  and  qualified.  The 
returns  of  said  special  election  shall  be  made  to  the  secretary  of  State 
(Amendment  of  1896.) 

9.  Court  of  Appeals. — The  Court  of  Appeals  shall,  until  otherwise 
provided  by  law,  consist  of  three  judges,  of  whom  two  shall  constitute 
a quorum.  It  shall  sit  at  the  seat  of  government  and  at  such  other 
places  as  may  be  prescribed  by  law.  (This  paragraph  is  too  long  for 
incorporation  here.  The  rest  of  it  provides  a time  for  the  election  of 
judges,  their  terms  of  office,  etc.  The  rules  applying  to  Supreme  Court 


History  of  Georgia 


317 


justices  are  made  to  apply  in  the  case  of  Appellate  Court  judges.  The 
Court  of  Appeals  is  given  jurisdiction  over  all  cases  from  the  superior 
courts  in  which  such  jurisdiction  is  not  conferred  by  the  Constitution 
on  the  Supreme  Court,  and  over  cases  from  the  city  courts.  The 
Supreme  Court  has  exclusive  jurisdiction  over  all  cases  involving  in- 
terpretation of  the  Constitution.  Amendment  of  1906.) 

Section  III,  Superior  Courts. 

1.  Terms,  etc.,  of  Superior  Court  Judges. — There  shall  be  a judge 
of  the  superior  courts  for  each  judicial  circuit,  whose  term  of  office  shall 
be  four  years,  and  until  his  successor  is  qualified.  He  may  act  in  other 
circuits  when  authorized  by  law.  The  legislature  shall  have  authority 
to  add  one  or  more  additional  judges  of  the  superior  court  for  any 
judicial  circuit  in  this  State,  and  shall  have  authority  to  regulate  the 
manner  in  which  the  judges  of  such  circuits  shall  dispose  of  the  business 
thereof,  and  shall  fix  the  time  at  which  the  term  or  terms  of  office  of 
such  additional  judge  or  judges  shall  begin,  and  the  manner  of  his 
appointment  or  election,  and  shall  have  authority  from  time  to  time 
to  add  to  the  number  of  such  judges  in  any  judicial  circuit,  or  to  reduce 
the  number  of  judges  in  any  judicial  circuit;  Provided,  that  at  all  times 
there  shall  be  at  least  one  judge  in  every  judicial  circuit  of  this  State. 

2.  Elections,  When  to  Be  Made. — The  successors  to  the  present  and 
subsequent  incumbents  shall  be  elected  by  the  electors  entitled  to  vote 
for  members  of  the  General  Assembly  of  the  whole  State,  at  the  general 
election  held  for  such  members,  next  preceding  the  expiration  of  their 
respective  terms.  (Prior  to  amendment  of  1898  these  judges  were 
elected  by  the  legislature.) 

3.  Terms  Begin,  When. — The  terms  of  the  judges  to  be  elected  under 
the  Constitution  (except  to  fill  vacancies)  shall  begin  on  the  first  day  of 
January  after  their  election.  Every  vacancy  occasioned  by  death,  resig- 
nation or  other  causes  shall  be  filled  by  appointments  of  the  Governor 
until  the  first  day  of  January  after  the  general  election  held  next  after 
the  expiration  of  thirty  days  from  the  time  such  vacancy  occurs,  at 
which  election  a successor  for  the  unexpired  term  shall  be  elected. 

Section  IV.  Jurisdiction  of  Superior  Courts.  * 

1.  Exclusive  Jurisdiction. — The  superior  court  shall  have  exclusive 
jurisdiction  in  cases  of  divorce;  in  criminal  cases  where  the  offender  is 
subjected  to  loss  of  life,  or  confinement  in  the  penitentiary;  in  cases 
respecting  titles  to  land  and  equity  cases. 

2.  Equity  May  Be  Merged  in  Common  Law  Courts.— The  General 
Assembly  may  confer  upon  the  courts  of  common  law  all  the  powers 
heretofore  exercised  by  courts  of  equity  in  this  State. 


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3.  General  Jurisdiction. — Said  courts  shall  have  jurisdiction  in  all 
civil  cases,  except  as  hereinafter  provided. 

4.  Appellate  Jurisdiction. — They  shall  have  appellate  juridiction 
in  all  such  cases  as  may  be  provided  by  law. 

5.  Certiorari,  Mandamus,  etc. — They  shall  have  power  to  correct 
errors  in  inferior  judicatories,  by  writ  of  certiorari,  which  shall  only 
issue  on  the  sanction  of  the  judge;  and  said  courts  and  the  judges 
thereof  shall  have  power  to  issue  writs  of  mandamus,  prohibition,  scire 
facias,  and  all  other  writs  that  may  be  necessary  for  carrying  their 
powers  fully  into  effect,  and  shall  have  such  other  powers  as  are  or  may 
be  conferred  on  them  by  law. 

6.  Appeal  from  One  Jury  to  Another. — The  General  Assembly  may 
provide  for  an  appeal  from  one  jury,  in  the  superior  and  city  courts, 
to  another,  and  the  said  court  may  grant  new  trials  on  legal  grounds. 

7.  Judgment  By  the  Court. — The  court  shall  render  judgment  with- 
out the  verdict  of  a jury,  in  all  civil  cases  founded  on  unconditional 
contracts  in  writing,  where  an  issuable  defense  is  not  filed  under  oath 
or  affirmation. 

8.  Sessions. — The  superior  courts  shall  sit  in  each  county  not  less 
than  twice  in  each  year,  at  such  times  as  have  been  or  may  be  appointed 
by  law. 

9.  Presiding  Judge  Disqualified. — The  General  Assembly  may  pro- 
vide by  law  for  the  appointment  of  some  proper  person  to  preside  in 
cases  where  the  presiding  judge  is,  from  any  cause,  disqualified. 

Section  V.  Judges  of  Superior  and  City  Courts. 

1.  Judges  of  Superior  and  City  Courts  May  Alternate,  When. — In 
any  county  within  which  there  is,  or  hereafter  may  be,  a city  court,  the 
judge  of  said  court,  and  of  the  superior  court,  may  preside  in  the  courts 
of  each  other  in  cases  where  the  judge  of  either  court  is  disqualified  to 
preside. 

Section  VI.  Court  of  Ordinary. 

1.  Ordinary,  Appeals  from. — The  powers  of  a court  of  ordinary,  and 
of  probate,  shall  be  vested  in  an  ordinary  for  each  county,  from  whose 
decision  there  may  be  an  appeal  (or,  by  consent  of  parties,  without  a 
decision)  to  the  superior  court,  under  regulations  prescribed  by  law. 

2.  Powers. — The  courts  of  ordinary  shall  have  such  powers  in  relation 
to  roads,  bridges,  ferries,  public  buildings,  paupers,  county  officers,  county 
funds,  county  taxes,  and  other  county  matters,  as  may  be  conferred  on 
them  by  law. 


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319 


3.  Term  of  Office. — The  ordinary  shall  hold  his  office  for  the  term  of 
four  years,  and  until  his  successor  is  elected  and  qualified. 

Section  VII.  Justices  of  the  Peace. 

1.  Justices,  Number  and  Term. — There  shall  be  in  each  militia  dis- 
trict one  justice  of  the  peace,  whose  official  term,  except  when  elected  to 
fill  an  unexpired  term,  shall  be  four  years.  (An  amendment  in  1912 
provides  that  the  General  Assembly  may  in  its  discretion  abolish  justice 
courts  and  the  office  of  justice  of  the  peace  and  of  notary  public  ex 
officio  justice  of  the  peace  in  any  city  of  over  20,000  population,  except 
Savannah,  and  establish  a special  court  or  courts  in  lieu  thereof.) 

2.  Jurisdiction. — Justices  of  the  peace  shall  have  jurisdiction  in  all 
civil  cases,  arising  ex  contractu,  and  in  cases  of  injuries  or  damages  to 
personal  property,  when  the  principal  sum  does  not  exceed  one  hundred 
dollars,  and  shall  sit  monthly  at  fixed  times  and  places;  but  in  all  cases 
there  may  be  an  appeal  to  a jury  in  said  court,  or  an  appeal  to  the 
superior  court,  under  such  regulations  as  may  be  prescribed  by  law. 

3.  Elections  and  Commission. — Justices  of  the  peace  shall  be  ejected 
by  the  legal  voters  in  their  respective  districts,  and  shall  be  commis- 
sioned by  the  Governor.  They  shall  be  removable  on  conviction  for 
malpractice  in  office. 

Section  VIII.  Notaries  Public. 

1.  Notaries  Public,  How  Appointed,  etc. — Commissioned  notaries 
public,  not  to  exceed  one  for  each  militia  district,  may  be  appointed  by 
the  judges  of  superior  courts  in  their  respective  circuits,  upon  recom- 
mendation of  the  grand  juries  of  the  several  counties.  They  shall  be 
commissioned  by  the  Governor  for  the  term  of  four  years,  and  shall  be 
ex  officio  justices  of  the  peace,  and  shall  be  removable  on  conviction  for 
malpractice  in  office. 

Section  IX.  Uniformity  of  Courts. 

1.  Uniformity  Provided  for. — The  jurisdiction,  powers,  proceedings 
and  practice  of  all  courts  or  officers  invested  with  judicial  powers  (except 
city  courts),  of  the  same  grade  or  class,  so  far  as  regulated  by  law,  and 
the  force  and  effect  of  the  process,  judgment  and  decree,  by  such  courts, 
severally,  shall  be  uniform.  This  uniformity  must  be  established  by  the 
General  Assembly. 

Section  X.  Attorney-General. 

1.  Attorney-General;  Election. — There  shall  be  an  attorney-general 
of  this  State,  who  shall  be  elected  by  the  people  at  the  same  time,  for  the 
same  term,  and  in  the  same  manner  as  the  Governor. 


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2.  Duties. — It  shall  be  the  duty  of  the  attorney-general  to  act  as  the 
legal  adviser  of  the  Executive  Department,  to  represent  the  State  in  the 
Supreme  Court  in  all  capital  felonies;  and  in  all  civil  and  criminal  cases 
in  any  court  when  required  by  the  Governor,  and  to  perform  such  other 
services  as  shall  be  required  of  him  by  law. 

Section  XI.  Solicitor-General. 

1.  Solicitor-General;  Term. — There  shall  be  a solicitor-general  for 
each  judicial  circuit,  whose  official  term  (except  to  fill  a vacancy)  shall 
be  four  years.  The  successors  of  present  and  subsequent  incumbents  shall 
be  elected  by  the  electors  of  the  whole  State,  qualified  to  vote  for  members 
of  the  General  Assembly,  at  the  general  election  held  next  preceding  the 
expiration  of  their  respective  terms.  Every  vacancy  occasioned  by  death, 
resignation  or  other  cause  shall  be  filled  by  appointment  of  the  Governor 
until  the  first  day  of  January  after  the  general  election  held  next  after 
the  expiration  of  thirty  days  from  the  time  such  vacancy  occurs,  at  which 
election  a successor  for  the  unexpired  term  shall  be  elected.  (Clause  of 
temporary  force  omitted.) 

2.  Duties. — It  shall  be  the  duty  of  the  solicitor-general  to  represent 
the  State  in  all  cases  in  the  superior  courts  of  his  circuit,  and  in  all  cases 
taken  up  from  his  circuit  to  the  Supreme  Court,  and  to  perform  such 
other  services  as  shall  be  required  of  him  by  law. 

Section  XII.  Elections  of  Judges,  etc. 

(Repealed.) 

Section  XIII.  Judicial  Salaries. 

1.  Salaries  of  Judges. — The  judges  of  the  Supreme  Court  shall  have 
out  of  the  treasury  of  the  State,  salaries  not  to  exceed  three  thousand 
dollars  per  annum,  the  judges  of  the  superior  courts  shall  have  salaries 
not  to  exceed  two  thousand  dollars  per  annum;  the  attorney-general 
shall  have  a salary  not  to  exceed  two  thousand  dollars  per  annum;  and 
the  solicitors-general  each  shall  have  salaries  not  to  exceed  two  hundred 
and  fifty  dollars  per  annum,  but  the  attorney-general  shall  not  have  any 
fee  or  perquisite  in  any  cases  arising  after  the  adoption  of  this  Con- 
stitution. 

(The  General  Assembly  has  changed  most  of  these  salaries.  This 
section  of  the  Constitution  has  also  been  amended  to  enable  the  counties 
of  Chatham,  Fulton,  Richmond,  Clarke,  Floyd,  Sumter,  Muscogee  and 
Bibb  to  increase  the  salaries  of  the  judges  of  the  circuits  in  which  they 
lie  to  five  thousand  dollars  a year.) 

2.  How  Salaries  May  Be  Changed. — The  General  Assembly  may 
at  any  time,  by  a two-thirds  vote  of  each  branch,  prescribe  other  and 


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different  salaries  for  any  or  all,  of  the  above  officers,  but  no  such  change 
shall  affect  the  officers  then  in  commission:  Provided,  however,  that  the 

General  Assembly  shall  have  power,  at  any  time,  by  a majority  vote  of 
each  branch,  to  abolish  the  fees  at  present  accruing  to  the  office  of 
solicitor-general  in  any  particular  judicial  circuit,  and  in  lieu  thereof  to 
prescribe  a salary  for  such  office,  in  addition  to  the  salary  prescribed  in 
paragraph  1 of  this  section  of  this  article,  and  without  regard  to  the 
uniformity  of  such  salaries  in  the  various  circuits;  and  shall  have  the 
further  power  to  determine  what  disposition  shall  be  made  of-the  fines, 
forfeitures  and  fees  accruing  to  the  office  of  solicitor-general  in  any  such 
judicial  circuit  where  the  fees  are  abolished. 

Section  XIV.  Qualification  of  Judges,  etc. 

1.  Qualifications. — No  person  shall  be  judge  of  the  Supreme  or  su- 
perior courts  or  attorney-general,  unless,  at  the  time  of  his  election,  he 
shall  have  attained  the  age  of  thirty  years,  and  shall  have  been  a citizen 
of  the  State  three  years,  and  have  practiced  law  for  seven  years;  and  no 
person  shall  be  hereafter  elected  solicitor-general,  unless,  at  the  time 
of  his  election,  he  shall  have  attained  twenty-five  years  of  age,  shall 
have  been  a citizen  of  the  State  for  three  years,  and  shall  have  prac- 
ticed law  for  three  years  next  preceding  his  election. 

Section  XV.  Divorce. 

1.  Divorce. — No  total  divorce  shall  be  granted,  except  on  the  con- 
current verdicts  of  two  juries  at  different  terms  of  the  court. 

2.  Last  Jury  Determines  Disabilities. — When  a divorce  is  granted, 
the  jury  rendering  the  final  verdict  shall  determine  the  rights  and  dis- 
abilities of  the  parties. 

Section  XVI.  Venue. 

1.  Divorce  Cases,  Where  Brought. — Divorce  cases  shall  be  brought 
in  the  county  where  the  defendant  resides,  if  a resident  of  this  State ; if 
the  defendant  be  not  a resident  of  this  State,  then  in  the  county  in  which 
the  plaintiff  resides. 

2.  Land,  Titles,  Where  Tried. — Cases  respecting  titles  to  land  shall 
be  tried  in  the  county  where  the  land  lies,  except  where  a single  tract  is 
divided  by  a county  line,  in  which  case  the  superior  court  in  either 
county  shall  have  jurisdiction. 

3.  Equity  Cases. — Equity  cases  shall  be  tried  in  the  county  where 
a defendant  resides  against  whom  substantial  relief  is  prayed, 

4.  Suits  Against  Joint  Obligors,  etc. — Suits  against  joint  obligors, 
joint  promisors,  copartners,  or  joint  trespassers,  residing  in  different 
counties,  may  be  tried  in  either  county. 


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5.  Suits  Against  Maker  and  Indorser,  etc. — Suits  against  the  maker 
and  indorser  of  promissory  notes,  or  drawer,  acceptor  and  indorser  of 
foreign  or  inland  bills  of  exchange,  or  like  instruments,  residing  in 
different  counties,  shall  be  brought  in  the  county  where  the  maker  or 
acceptor  resides. 

6.  All  Other  Cases. — All  other  civil  cases  shall  be  tried  in  the 
county  where  the  defendant  resides,  and  all  criminal  cases  shall  be 
tried  in  the  county  where  the  crime  was  committed,  except  cases  in 
the  superior  courts  where  the  judge  is  satisfied  that  an  impartial  jury 
cannot  be  obtained  in  such  county. 

Section  XVII.  Change  of  Venue. 

1.  Power  to  Change  Venue. — The  power  to  change  the  venue  in 
civil  and  criminal  cases  shall  be  vested  in  the  superior  courts,  to  be 
exercised  in  such  manner  as  has  been,  or  shall  be,  provided  by  law. 

Section  XVIII.  Jury  Trials. 

1.  Trial  by  Jury. — The  right  of  trial  by  jury,  except  where  it  is 
otherwise  provided  in  this  Constitution,  shall  remain  inviolate,  but 
the  General  Assembly  may  prescribe  any  number,  not  less  than  five, 
to  constitute  a trial  or  traverse  jury  in  courts  other  than  the  superior 
and  city  courts. 

2.  Selection  of  Jurors. — The  General  Assembly  shall  provide  by 
law  for  the  selection  of  the  most  experienced,  intelligent  and  upright 
men  to  serve  as  grand  jurors,  and  intelligent  and  upright  men  to  serve 
as  traverse  jurors.  Nevertheless,  the  grand  jurors  shall  be  competent 
to  serve  as  traverse  jurors. 

3.  Compensation  of  Jurors. — It  shall  be  the  duty  of  the  General 
Assembly,  by  general  laws,  to  prescribe  the  manner  of  fixing  com- 
pensation of  jurors  in  all  counties  in  this  State. 

Section  XIX.  County  Commissioners. 

1.  Power  to  Create  County  Commissioners. — The  General  Assembly 
shall  have  power  to  provide  for  the  creation  of  county  commissioners 
in  such  counties  as  may  require  them,  and  to  define  their  duties. 

Section  XX.  What  Courts  May  Be  Abolished. 

1.  Power  to  Abolish  Courts. — All  courts  not  specially  mentioned  by 
name  in  the  first  section  of  this  Article  may  be  abolished  in  any  county, 
at  the  discretion  of  the  General  Assembly. 

Section  XXI.  Supreme  Court  Costs. 

1.  Costs  in  Supreme  Court. — The  costs  in  the  Supreme  Court  shall 


History  of  Georgia 


323 


not  exceed  ten  dollars,  until  otherwise  provided  by  law.  Plaintiffs  in 
error  shall  not  be  required  to  pay  costs  in  said  court  when  the  usual 
pauper  oath  is  filed  in  the  court  below. 

ARTICLE  VII. 

FINANCE,  TAXATION  AND  PUBLIC  DEBT. 

Section  I.  Power  of  Taxation. 

I.  Taxation,  How  and  for  What  Purpose  Exercised. — The  powers 
of  taxation  over  the  whole  State  shall  be  exercised  by  the  General  As- 
sembly for  the  following  purposes  only: 

For  the  support  of  the  State  government  and  the  public  institutions. 

For  educational  purposes,  in  instructing  children  in  the  elementary 
branches  of  an  English  education  only. 

To  pay  the  interest  on  the  public  debt. 

To  pay  the  principal  of  the  public  debt. 

To  suppress  insurrection,  to  repel  invasion,  and  defend  the  State  in 
time  of  war. 

To  supply  the  soldiers  who  lost  a limb  or  limbs,  in  the  military 
service  of  the  Confederate  States,  with  substantial  artificial  limbs,  during 
life;  and  make  suitable  provisions  for  such  Confederate  soldiers  as  may 
have  been  otherwise  disabled  or  permanently  injured  in  such  service; 
or  who  may,  by  reason  of  age  and  poverty,  or  infirmity  and  poverty, 
or  blindness  and  poverty,  be  unable  to  provide  a living  for  themselves; 
and  for  the  widows  of  such  Confederate  soldiers  as  may  have  died  in 
the  service  of  the  Confederate  States,  or  since,  from  wounds  received 
therein,  or  disease  contracted  in  the  service,  or  who,  by  reason  of  age 
and  poverty,  or  infirmity  and  poverty,  or  blindness  and  poverty,  are  unable 
to  provide  a living  for  themselves:  Provided,  that  the  Act  shall  only 

apply  to  such  widows  as  were  married  at  the  time  of  such  service,  and 
have  remained  unmarried  since  the  death  of  such  soldier  husband. 

To  make  provision  for  the  payment  of  pensions  to  any  ex-Confed- 
erate  soldier,  now  resident  of  this  State,  who  enlisted  in  the  military 
service  of  this  State,  or  who  enlisted  in  the  military  service  of  the  Con- 
federate States,  during  the  civil  war  between  the  States  of  the  United 
States,  and  who  performed  actual  military  service  in  the  armies  of  the 
Confederate  States,  or  the  organized  militia  of  this  State,  and  was  hon- 
orably discharged  therefrom,  and  to  widows,  now  residents  of  this  State, 
of  ex-Confederate  soldiers  who  enlisted  in  the  military  service  of  this 
State,  or  who  enlisted  in  the  military  service  of  the  Confederate  States, 
and  who  performed  actual  service  in  the  armies  of  the  Confederate 


324 


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States,  or  of  the  organized  militia  of  this  State,  who  died  in  said  military 
service,  or  were  honorably  discharged  therefrom:  Provided,  that  no  per- 
son shall  be  entitled  to  the  provisions  of  this  Constitutional  amendment 
the  total  value  of  whose  property,  of  every  description,  including  money 
and  choses  in  action,  shall  exceed  fifteen  hundred  dollars,  and  provided 
further,  that  only  those  widows  who  were  married  to  such  soldier  or 
ex-soldier  previous  to  the  year  1870  shall  be  entitled  to  the  provisions 
of  this  Constitutional  amendment.  No  widow  of  a soldier  killed  during 
the  war  shall  be  deprived  of  her  pension  by  reason  of  having  subse- 
quently married  another  veteran,  who  is  dead,  unless  she  receives  a pen- 
sion on  account  of  being  the  widow  of  such  second  husband.  (This 
pension  system  is  the  result  of  a number  of  amendments,  adopted  in 
1885,  1889,  1909,  and  1912.) 

2.  Levy  of  Taxes  Limited. — The  levy  of  taxes  on  property  for  any 
one  year  by'  the  General  Assembly  for  all  purposes,  except  to  provide  for 
repelling  invasion,  suppressing  insurrection,  or  defending  the  State  in 
time  of  war,  shall  not  exceed  five  mills  on  each  dollar  of  the  value  of  the 
property  taxable  in  the  State.  (Amendment  of  1904.) 

Section  II.  Taxation  and  Exemptions. 

1.  Must  be  Uniform,  etc. — All  taxation  shall  be  uniform  upon 
the  same  class  of  subjects,  and  ad  valorem  on  all  property  subject  to  be 
taxed  within  the  territorial  limits  of  the  authority  levying  the  tax,  and 
shall  be  levied  and  collected  under  general  laws.  The  General  Assem^ 
bly  may,  however,  impose  a tax  upon  such  domestic  animals  as,  from 
their  nature  and  habits,  are  destructive  of  other  property. 

2.  Exemptions. — The  General  Assembly  may,  by  law,  exempt  from 

taxation  all  public  property,  places  of  religious  worship  or  burial;  all 
institutions  of  purely  public  charity;  all  buildings  erected  for  and  used 
as  a college,  incorporated  academy,  or  other  seminary  of  learning;  the 
real  and  personal  estate  of  any  public  library,  and  that  of  any  other  lit- 
erary association,  used  by  or  connected  with  such  library;  all  books 
and  philosophical  apparatus;  and  all  paintings  and  statuary  of  any 
company  or  association,  kept  in  a public  hall,  and  not  held  as  merchan- 
dise, or  for  purposes  of  sale  or  gain:  Provided,  the  property  so  ex- 

empted be  not  used  for  purposes  of  private  or  corporate  profit  or  income. 
The  General  Assembly  shall,  further,  have  power  to  exempt  from  taxa- 
tion farm  products,  including  baled  cotton,  grown  in  this  State  and  re- 
maining in  the  hands  of  the  producers,  but  not  longer  than  for  the  year 
next  after  their  production.  (As  amended  in  1912.) 

3.  Poll  Tax. — No  poll  tax  shall  be  levied  except  for  educational  pur^ 
poses,  and  such  tax  shall  not  exceed  one  dollar  annually,  upon  each  poll. 


History  of  Georgia 


325 


4.  Laws  Exempting  Property  Void. — All  laws  exempting  property 
from  taxation,  other  than  the  property  herein  enumerated,  shall  be  void. 

5.  Tax  on  Corporations. — The  power  to  tax  corporations  and  cor- 
porate property  shall  not  be  surrendered  or  suspended  by  any  contract 
or  grant  to  which  the  State  shall  be  a party. 

6.  All  persons  or  classes  of  persons  who  were,  by  laws  of  force,  Jan- 
uary 1st,  1911,  required  to  make  returns  for  taxation  to  the  comptroller- 
general,  and  all  who  may  hereafter  be  so  required,  shall,  on  or  before 
the  first  day  of  March  of  each  year,  make  such  returns  as  of  date  of 
January  1st  of  that  year,  and  shall  pay  the  taxes  arising  on  such  re- 
turns in  favor  of  the  State  on  or  before  the  first  of  September  of  the 
same  year,  anything  heretofore  contained  in  the  Constitution  or  laws  of 
Georgia  to  the  contrary  notwithstanding.  The  laws  of  force  on  said  date 
governing  such  returns  and  payments,  and  the  collection  and  enforce- 
ment thereof  shall  remain  of  force  as  applicable  to  the  returns  and  pay- 
ments herein  required  until  the  same  shall  be  changed  by  law.  The 
General  Assembly  shall  have  power  to  make  or  alter  all  laws  that  may 
be  necessary  or  proper  for  enforcing  the  provisions  of  this  paragraph. 

Section  III.  State  Debt. 

1.  Debts;  for  What  Contracted. — No  debt  shall  be  contracted  by  or 
on  behalf,  of  the  State,  except  to  supply  such  temporary  deficit  as  may 
exist  in  the  Treasury  in  any  year  from  necessary  delay  in  collecting 
the  taxes  of  that  year,  to  repel  invasion,  suppress  insurrection,  and  de- 
fend the  State  in  time  of  war,  or  to  pay  the  existing  public  debt;  but 
the  debt  created  to  supply  deficiencies  in  revenue  shall  not  exceed,  in 
the  aggregate,  five  hundred  thousand  dollars,  and  any  loan  made  for 
this  purpose  shall  be  repaid  out  of  the  taxes  levied  for  the  year  in  which 
the  loan  is  made.  (As  amended  in  1912.) 

Section  IV.  Debt,  How  Contracted. 

1.  Form  of  Laws  to  Borrow  Money. — All  laws  authorizing  the  bor- 
rowing of  money  by  or  on  behalf  of  the  State  shall  specify  the  purposes 
for  which  the  money  is  to  be  used,  and  the  money  so  obtained  shall  be 
used  for  the  purpose  specified,  and  for  no  other. 

Section  V.  State  Aid. 

1.  State  Aid  Forbidden. — The  credit  of  the  State  shall  not  be  pledged 
or  loaned  to  any  individual,  company,  corporation  or  association,  and 
the  State  shall  not  become  a joint  owner  or  stockholder  in  any  company, 
association  or  corporation. 


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Section  VI.  Purposes  of  Taxation  by  Counties  and  Cities. 

1.  Restrictions  on  Counties  and  Cities. — The  General  Assembly 

shall  not  authorize  any  county,  municipal  corporation,  or  political  divi- 
sion of  this  State,  to  become  a stockholder  in  any  company,  corporation, 
or  association,  or  to  appropriate  money  for,  or  to  loan  its  credit  to,  any 
corporation,  company,  association,  institution,  or  individual,  except  for 
purely  charitable  purposes.  This  restriction  shall  not  operate  to  prevent 
the  support  of  schools  by  municipal  corporations  within  their  respective 
limits:  Provided,  that  if  any  municipal  corporation  shall  offer  to  the 

State  any  property  for  locating  or  building  a capitol,  and  the  State 
accepts  such  offer,  the  corporation  may  comply  with  such  offer. 

2.  Taxing  Power  of  Counties  Limited. — The  General  Assembly  shall 
not  have  power  to  delegate  to  any  county  the  right  to  levy  a tax  foi 
any  purpose,  except  for  educational  purposes;  to  build  and  repair  the 
public  buildings  and  bridges;  to  maintain  and  support  prisoners;  to  pay 
jurors  and  coroners,  and  for  litigation,  quarantine,  roads  and  expenses 
of  courts;  to  support  paupers  and  pay  debts  heretofore  existing;  to  pay 
the  county  police,  and  to  provide  for  necessary  sanitation.  (As 
amended  in  1910.) 

Section  VII.  Limitation  on  Municipal  Debts. 

1.  Debt  of  Counties  and  Cities  Not  to  Exceed  Seven  Per  Cent. — 
The  debt  hereafter  incurred  by  any  county,  municipal  corporation,  or 
political  division  of  this  State,  except  as  in  this  Constitution  provided  for, 
shall  not  exceed  seven  per  centum  of  the  assessed  value  of  all  the  taxable 
property  therein,  and  no  such  county,  municipality,  or  division,  shall 
incur  any  new  debt,  except  for  a temporary  loan  or  loans  to  supply  casual 
deficiencies  of  revenue,  not  to  exceed  one-fifth  of  one  per  centum  of  the 
assessed  value  of  taxable  property  therein,  without  the  assent  of  two- 
thirds  of  the  qualified  voters  thereof,  at  an  election  for  that  purpose,  to 
be  held  as  may  be  prescribed  by  law;  but  any  city,  the  debt  of  which 
does  not  exceed  seven  per  centum  of  the  assessed  value  of  the  taxable 
property  at  the  time  of  the  adoption  of  this  Constitution,  may  be  author- 
ized by  law  to  increase,  at  any  time,  the  amount  of  said  debt,  three  per 
centum  upon  such  assessed  valuation.  (An  amendment  in  1900  per- 
mits Augusta  to  increase  its  debt  for  protection  against  floods.) 

2.  County  and  City  Bonds,  How  Paid. — Any  county,  municipal  cor- 
poration, or  political  division  of  this  State,  which  shall  incur  any  bonded 
indebtedness  under  the  provisions  of  this  Constitution,  shall,  at  or  before 
the  time  of  so  doing,  provide  for  the  assessment  and  collection  of  an 
annual  tax,  sufficient  in  amount  to  pay  the  principal  and  interest  of  said 
debt  within  thirty  years  from  the  date  of  the  incurring  of  said  indebt- 
edness. 


History  of  Georgia 


327 


Section  VIII.  Assumption  of  Debt. 

1.  Assumption  of  Debts  Forbidden. — The  State  shall  not  assume  the 
debt,  nor  any  part  thereof,  of  any  county,  municipal  corporation,  or  po- 
litical division  of  the  State,  unless  such  debt  shall  be  contracted  to  enable 
the  State  to  repel  invasion,  suppress  insurrection,  or  defend  itself  in 
time  of  war. 

Section  IX.  Public  Money. 

1.  Profit  on  Public  Money. — The  receiving,  directly  or  indirectly, 
by  any  officer  of  the  State  or  county,  or  member  or  officer  of  the  General 
Assembly,  of  any  interests,  profits  or  perquisites  arising  from  the  use  or 
loan  of  public  funds  in  his  hands,  or  moneys  to  be  raised  through  his 
agency  for  State  or  county  purposes,  shall  be  deemed  a felony,  and  pun- 
ishable as  may  be  prescribed  by  law,  a part  of  which  punishment  shall 
be  a disqualification  from  holding  office. 

Section  X.  City  Debts. 

1.  City  Debts,  How  Incurred. — Municipal  corporations  shall  not 
incur  any  debt  until  provision  therefor  shall  have  been  made  by  the 
municipal  government. 

Section  XI.  Void  Bonds. 

• 1.  Certain  Bonds  Shall  Not  be  Paid. — The  General  Assembly  shall 
have  no  authority  to  appropriate  money,  directly  or  indirectly,  to  pay 
the  whole,  or  any  part,  of  the  principal  or  interest  of  the  bonds,  or  other 
obligations,  which  have  been  pronounced  illegal,  null  and  void,  by  the 
General  Assembly,  and  the  constitutional  amendments  ratified  by  a vote 
of  the  people  on  the  first  day  of  May,  1877 ; nor  shall  the  General  As- 
sembly have  authority  to  pay  any  of  the  obligations  created  by  the  State 
under  laws  passed  during  the  late  war  between  the  States,  nor  any  of 
the  bonds,  notes,  or  obligations  made  and  entered  into  during  the  exist- 
ence of  said  war,  the  time  for  the  payment  of  which  was  fixed  after  the 
ratification  of  a treaty  of  peace  between  the  United  States  and  the  Con- 
federate States;  nor  shall  the  General  Assembly  pass  any  law,  or  the 
Governor,  or  other  State  official,  enter  into  anv  contract  or  agreement, 
whereby  the  State  shall  be  made  a party  to  any  suit  in  any  court  of  this 
State,  or  of  the  United  States,  instituted  to  test  the  validity  of  any  such 
bonds  or  obligations. 

Section  XII.  Public  Debt  Not  to  be  Increased. 

1.  Bonded  Debt  Not  to  Increase. — The  bonded  debt  of  the  State 
shall  never  be  increased,  except  to  repel  invasion,  suppress  insurrection, 
or  to  defend  the  State  in  time  of  war. 


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Section  XIII.  Public  Property  Pledged  for  State’s  Debt. 

l.  State’s  Property  May  be  Sold  to  Pay  Bonded  Debt. — The  pro- 
ceeds of  the  sale  of  the  Western  and  Atlantic,  Macon  and  Brunswick,  or 
other  railroads  held  by  the  State,  and  any  other  property  owned  by  the 
State,  whenever  the  General  Assembly  may  authorize  the  sale  of  the 
whole,  or  any  part  thereof,  shall  be  applied  to  the  payment  of  the  bonded 
debt  of  the  State,  and  shall  not  be  used  for  any  other  purpose  whatever, 
so  long  as  the  State  has  any  existing  bonded  debt:  Provided,  that  the 

proceeds  of  the  sale  of  the  Western  and  Atlantic  Railroad  shall  be  ap- 
plied to  the  payment  of  the  bonds  for  which  said  railroad  has  been 
mortgaged,  in  preference  to  all  other  bonds. 

Section  XIV.  Sinking  Fund. 

1.  Sinking  Fund. — The  General  Assembly  shall  raise  by  taxation  each 
year,  in  addition  to  the  sum  required  to  pay  the  public  expenses  and  in- 
terests on  the  public  debt,  the  sum  of  one  hundred  thousand  dollars, 
which  shall  be  held  as  a sinking  fund  to  pay  off  and  retire  the  bonds 
of  the  State  which  have  not  yet  matured,  and  shall  be  applied  to  no 
other  purpose  whatever.  If  the  bonds  cannot  at  any  time  be  purchased 
at  or  below  par,  then  the  sinking  fund,  herein  provided  for,  may  be 
loaned  by  the  Governor  and  treasurer  of  the  State:  Provided,  the  se- 

curity which  shall  be  demanded  for  said  loan  shall  consist  only  of  the 
valid  bonds  of  the  State;  but  this  section  shall  not  take  effect  until  the 
eight  per  cent,  currency  bonds,  issued  under  the  Act  of  February  19th, 
1873,  shall  have  been  paid. 

Section  XV.  Reports. 

1.  Quarterly  Reports  of  Comptroller  and  Treasurer. — The  comp- 
troller-general and  treasurer  shall  each  make  to  the  Governor  a quar- 
terly report  of  the  financial  condition  of  the  State,  which  report  shall 
include  a statement  of  the  assets,  liabilities  and  income  of  the  State, 
and  expenditures  therefor,  for  the  three  months  preceding;  and  it  shall 
be  the  duty  of  the  Governor  to  carefully  examine  the  same  by  himself, 
or  through  competent  persons  connected  with  his  department,  and 
cause  an  abstract  thereof  to  be  published  for  the  information  of  the 
people,  which  abstract  shall  be  indorsed  by  him  as  having  been  ex- 
amined. 

Section  XVI.  Donations. 

1.  Donations  Forbidden. — The  General  Assembly  shall  not,  by  vote, 
resolution,  or  order,  grant  any  donation,  or  gratuity,  in  favor  of  any 
person,  corporation,  or  association. 


History  of  Georgia 


329 


2.  Extra  Compensation  Forbidden. — The  General  Assembly  shall 
not  grant  or  authorize  extra  compensation  to  any  public  officer,  agent 
or  contractor,  after  the  service  has  been  rendered,  or  the  contract  entered 
into. 

Section  XVII.  Public  Printing. 

1.  Public  Printing. — The  office  of  the  State  printer  shall  cease  with 
the  expiration  of  the  term  of  the  present  incumbent,  and  the  General 
Assembly  shall  provide,  by  law,  for  letting  the  public  printing  to  the 
lowest  responsible  bidder,  or  bidders,  who  shall  give  adequate  and 
satisfactory  security  for  the  faithful  performance  thereof.  No  member 
of  the  General  Assembly,  or  other  public  officer,  shall  be  interested, 
either  directly  or  indirectly,  in  any  such  contract. 

ARTICLE  VIII. 

EDUCATION. 

Section  I.  Common  Schools. 

1.  Common  Schools. — There  shall  be  a thorough  system  of  common 
schools  for  the  education  of  the  children,  as  nearly  uniform  as  prac« 
ticable,  the  expenses  of  which  shall  be  provided  for  by  taxation,  or 
otherwise.  The  schools  shall  be  free  to  all  children  of  the  State,  but 
separate  schools  shall  be  provided  for  the  white  and  colored  races.  (As 
amended  in  1912.) 

Section  II.  School  Commissioner. 

1.  State  School  Commissioner. — There  shall  be  a State  school  com- 
missioner, elected  by  the  people  at  the  same  time  and  manner  as  the 
Governor  and  State  House  officers  are  elected,  whose  term  of  office 
shall  be  two  years,  and  until  his  successor  is  elected  and  qualified.  His 
office  shall  be  at  the  seat  of  the  government,  and  he  shall  be  paid  a salary 
not  to  exceed  two  thousand  dollars  per  annum.  The  General  Assembly 
may  substitute  for  the  State  school  commissioner  such  officer,  or  officers, 
as  may  be  deemed  necessary  to  perfect  the  system  of  public  education. 
(Prior  to  Amendment  of  1896,  the  commissioner  was  appointed  by  the 
Governor.) 

Section  III.  School  Fund. 

1.  School  Fund. — The  poll  tax,  any  educational  fund  now  belonging 
to  the  State  (except  the  endowment  of,  and  debt  due  to,  the  University 
of  Georgia),  a special  tax  on  shows  and  exhibitions,  and  on  the  sale  of 
spirituous  and  malt  liquors,  which  the  General  Assembly  is  hereby 
authorized  to  assess,  and  the  proceeds  of  any  commutation  tax  for  mili- 
tary service,  and  all  taxes  that  may  be  assessed  on  such  domestic  animals 


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as,  from  their  nature  and  habits,  are  destructive  to  other  property,  are 
hereby  set  apart  and  devoted  for  the  support  of  common  schools. 

Section  IV.  Educational  Tax. 

1.  Local  Taxation  for  Public  Schools. — Authority  may  be  granted 
to  counties;  militia  districts,  school  districts,  and  to  municipal  corpora- 
tions upon  the  recommendation  of  the  corporate  authority,  to  establish 
and  maintain  public  schools  in  their  respective  limits,  by  local  taxation; 
but  no  such  local  laws  shall  take  effect  until  the  same  shall  have  been 
submitted  to  a vote  of  the  qualified  voters  in  each  county,  militia  disJ 
trict,  school  district,  or  municipal  corporation,  and  approved  by  a two- 
thirds  majority  of  persons  voting  at  such  election;  and  the  General  As- 
sembly may  prescribe  who  shall  vote  on  such  questions.  (Militia  dis- 
tricts and  school  districts  added  by  amendment  of  1904.) 

Section  V.  Local  Systems. 

1.  Local  Schools  Not  Affected. — Existing  local  school  systems  shall 
not  be  affected  by  this  Constitution.  Nothing  contained  in  first  section 
of  this  Article  shall  be  construed  to  deprive  schools  in  this  State,  not 
common  schools,  from  participation  in  the  educational  fund  of  the  State, 
as  to  all  pupils  therein  taught  in  the  elementary  branches  of  an  English 
education. 

Section  VI.  University  of  Georgia. 

1.  State  University. — The  trustees  of  the  University  of  Georgia  may 
accept  bequests,  donations  and  grants  of  land,  or  other  property,  for 
the  use  of  said  University.  In  addition  to  the  payment  of  the  annual 
interest  on  the  debt  due  by  the  State  to  the  University,  the  General 
Assembly  may,  from  time  to  time,  make  such  donations  thereto  as  the 
condition  of  the  treasury  will  authorize.  And  the  General  Assembly 
may  also,  from  time  to  time,  make  such  appropriations  of  money  as  the 
condition  of  the  treasury  will  authorize,  to  any  college  or  university 
(not  exceeding  one  in  number)  now  established,  or  hereafter  to  be  estab- 
lished, in  this  State  for  the  education  of  persons  of  color. 

ARTICLE  IX. 

HOMESTEAD  AND  EXEMPTIONS. 

Section  I.  Homestead. 

1 Homestead  and  Exemption. — There  shall  be  exempt  from  levy 
and  sale,  by  virtue  of  any  process  whatever  under  the  laws  of  this 
State,  except  as  hereinafter  excepted,  of  the  property  of  every  head  of 
a family,  or  guardian  or  trustee  of  a family  of  minor  children,  or 


History  of  Georgia 


331 


every  aged  or  infirm  person,  or  person  having  the  care  and  support  of 
dependent  females  of  any  age,  who  is  not  the  head  of  the  family, 
realty  or  personalty,  or  both,  to  the  value  in  the  aggregate  of  sixteen 
hundred  dollars. 

Section  II.  Exemption. 

1.  Protection  Guaranteed. — No  court  or  ministerial  officer  in  this 
State  shall  ever  have  jurisdiction  or  authority  to  enforce  any  judgment, 
execution  or  decree,  against  the  property  set  apart' for  such  purpose,  in- 
cluding such  improvements  as  may  be  made  thereon  from  time  to  time, 
except  for  taxes,  for  the  purchase  money  of  the  same,  for  labor  done 
thereon,  for  material  furnished  therefor,  or  for  the  removal  of  incum- 
brances thereon. 

Section  III.  Waiver  of  Homestead. 

1.  May  Be  Waived,  How  Far;  How  Sold. — The  debtor  shall  have 
power  to  waive  or  renounce  in  writing  his  right  to  the  benefit  of  the  ex- 
emption provided  for  in  this  Article,  except  as  to  wearing  apparel,  and 
not  exceeding  three  hundred  dollars’  worth  of  household  and  kitchen 
furniture,  and  provisions,  to  be  selected  by  himself  and  his  wife,  if  any, 
and  he  shall  not,  after  it  is  set  apart,  alienate  or  encumber  the  property 

so  exempted,  but  it  may  be  sold  by  the  debtor,  and  his  wife,  if  any, 

jointly,  with  the  sanction  of  the  judge  of  the  superior  court  of  th^ 

county  where  the  debtor  resides  or  the  land  is  situated,  the  proceeds 

to  be  reinvested  upon  the  same  uses. 

Section  IV.  Homestead  Set  Apart,  How. 

1.  Setting  Apart  Short  Homestead. — The  General  Assembly  shall 
provide,  by  law,  as  early  as  practicable,  for  the  setting  apart  and  valu- 
ation of  said  property.  But  nothing  in  this  Article  shall  be  construed  to 
affect  or  repeal  the  existing  laws  for  exemption  of  property  from  sale, 
contained  in  the  present  Code  of  this  State,  in'  paragraphs  2040  to  2049, 
inclusive,  and  the  acts  amendatory  thereto.  It  may  be  optional  with 
the  applicant  to  take  either,  but  not  both,  of  such  exemptions. 

Section  V.  Short  Homestead  Waived. 

1.  Short  Homestead  May  be  Waived. — The  debtor  shall  have  author- 
ity to  waive  or  renounce  in  writing  his  right  to  the  benefit  of  the  ex- 
emption provided  for  in  section  four,  except  as  is  excepted  in  section 
three  of  this  Article. 

Section  VI.  Homestead  Supplemented. 

1.  Supplemental  Homestead. — The  applicant  shall  at  any  time  have 
the  right  to  supplement  his  exemption  by  adding  to  an  amount  already 


332 


History  of  Georgia 


set  apart,  which  is  less  than  the  whole  amount  of  exemption  herein 
allowed,  a sufficiency  to  make  his  exemption  equal  to  the  whole  amount. 

Section  VII.  Former  Homesteads  Preserved. 

1.  Homesteads  Heretofore  Set  Apart. — Homesteads  and  exemptions 
of  personal  property  which  have  been  heretofore  set  apart  by  virtue  of 
the  provisions  of  the  existing  Constitution  of  this  State,  and  in  ac- 
cordance with  the  laws  for  the  enforcement  thereof,  or  which  may  be 
hereafter  so  set  apart,  at  any  time,  shall  be  and  remain  valid  as 
against  all  debts  and  liabilities  existing  at  the  time  of  the  adoption  of 
this  Constitution,  to  the  same  extent  that  they  would  have  been  had 
said  existing  Constitution  not  been  revised. 

Section  VIII.  Prior  Rights  to  Exemption  Preserved. 

1.  Vested  Rights  Protected. — Rights  which  have  become  vested  under 
previously  existing  laws  shall  not  be  affected  by  anything  herein  con- 
tained. In  all  cases  in  which  homesteads  have  been  set  apart  under  the 
Constitution  of  1868,  and  the  laws  made  in  pursuance  thereof,  and  a 
bona  fide  sale  of  such  property  has  been  subsequently  made  and  the 
full  purchase  price  thereof  has  been  paid,  all  right  of  exemption  in 
such  property  by  reason  of  its  having  been  so  set  apart  shall  cease  in  so 
far  as  it  affects  the  right  of  the  purchaser.  In  all  such  cases  where  a 
part  only  of  the  purchase  price  has  been  paid,  such  transactions  shall 
be  governed  by  the  laws  now  of  force  in  this  State,  in  so  far  as  they 
affect  the  rights  of  the  purchaser,  as  though  said  property  had  not  been 
set  apart.  .. 

Section  IX.  Sale  of  Homestead. 

1.  Sale  and  Reinvestment  of  Homestead. — Parties  who  have  taken 
a homestead  of  realty  under  the  Constitution  of  1868  shall  have  the  right 
to  sell  said  homestead  and  reinvest  the  same,  by  order  of  the  judge  of 
the  superior  courts  of  this  State. 

ARTICLE  X. 

MILITIA. 

Section  I.  Militia  and  Volunteers. 

1.  Organization  of  Militia. — A well  regulated  militia  being  essen- 
tial to  the  peace  and  security  of  the  State,  the  General  Assembly  shall 
have  authority  to  provide  by  law  how  the  militia  of  this  State  shall  be 
organized,  officered,  trained,  armed,  and  equipped;  and  of  whom  it 
shall  consist. 


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History  of  Georgia 

2.  Volunteers. — The  General  Assembly  shall  have  power  to  author- 
ize the  formation  of  volunteer  companies,  and  provide  for  their  organ- 
ization into  battalions,  regiments,  brigades,  divisions  and  corps,  with 
such  restrictions  as  may  be  prescribed  by  law,  and  shall  have  authority 
to  arm  and  equip  the  same. 

3.  Pay  of  Militia. — The  officers  and  men  of  the  militia  and  volunteer 
forces  shall  not  be  entitled  to  receive  any  pay,  rations,  or  emoluments, 
when  not  in  active  service  by  authority  of  the  State. 

ARTICLE  XI. 

COUNTIES  AND  COUNTY  OFFICERS. 

Section  I.  Counties. 

1.  Counties  are  Corporate  Bodies. — Each  county  shall  be  a body 
corporate,  with  such  powers  and  limitations  as  may  be  prescribed  by 
law.  All  suits  by  or  against  a county  shall  be  in  the  name  thereof;  and 
the  metes  and  bounds  of  the  several  counties  shall  remain  as  now  pre- 
scribed by  law,  unless  changed  as  hereinafter  provided. 

2.  New  Counties. — There  shall  not  be  more  than  one  hundred  and 

forty-five  counties  in  this  State.  (Amendments  have  been  adopted  creating 
the  following  counties:  Ben  Hill,  1906;  Wheeler  and  Bleckley,  1912; 

Bacon,  Barrow,  Candler  and  Evans,  1914;  so  that  there  are  now  152 
counties.) 

3.  Change  of  County  Lines. — County  lines  shall  not  be  changed  unless 
under  the  operation  of  a general  law  for  that  purpose. 

4.  Change  of  County  Sites. — No  county  site  shall  be  changed  or  re- 
moved except  by  a two-thirds  vote  of  the  qualified  voters  of  the  county, 
voting  at  an  election  held  for  that  purpose,  and  a two-thirds  vote  of  the 
General  Assembly. 

5.  Dissolution  of  Counties. — Any  county  may  be  dissolved  and 
merged  with  contiguous  counties  by  a two-thirds  vote  of  the  qualified 
electors  of  such  county,  voting  at  an  election  held  for  that  purpose. 

Section  II.  County  Officers. 

1.  County  Officers. — The  county  officers  shall  be  elected  by  the 
qualified  voters  of  their  respective  counties,  or  districts,  and  shall  hold 
their  office  for  four  years.  They  shall  be  removed  on  conviction  for 
malpractice  in  office,  and  no  person  shall  be  eligible  to  any  of  the 
offices  referred  to  in  this  paragraph  unless  he  shall  have  been  a resident 
of  the  county  for  two  years  and  is  a qualified  voter.  (Clause  of  tem- 
porary force  omitted.) 


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History  of  Georgia 


Section  III.  Uniformity  in  County  Officers. 

1.  County  Officers  to  be  Uniform. — Whatever  tribunal,  or  officers, 
may  hereafter  be  created  by  the  General  Assembly,  for  the  transaction 
of  county  matters,  shall  be  uniform  throughout  the  State,  and  of  the  same 
name,  jurisdiction,  and  remedies,  except  that  the  General  Assembly  may 
provide  for  the  appointment  of  commissioners  of  roads  and  revenue  iq 
any  county,  and  may  abolish  the  office  of  county  treasurer  in  any  county, 
or  fix  the  compensation  of  county  treasurers  and  such  compensation  may 
be  fixed  without  regard  to  uniformity  of  such  compensation  in  the  various 
counties. 

Section  IV.  State  Capital. 

1.  Capital  in  Atlanta. — The  city  of  Atlanta  shall  be  the  capital  of 
the  State,  until  changed  by  the  same  authority,  and  in  the  same  way, 
that  is  provided  for  the  alteration  of  this  Constitution. 


ARTICLE  XII. 

THE  LAWS  OF  GENERAL  OPERATION  IN  FORCE  IN  THIS 

Sl'ATE. 

Section  I. 

1.  Supreme  Law,  What  Is. — The  laws  of  general  operation  in  this 

State  are,  first,  as  the  supreme  law:  The  Constitution  of  the  United 

States,  the  laws  of  the  United  States  in  pursuance  thereof,  and  all  treaties 
made  under  the  authority  of  the  United  States. 

2.  Second  in  Authority. — Second,  as  next  in  authority  thereto:  This 

Constitution. 

3.  Third  in  Authority. — Third,  in  subordination  to  the  foregoing: 
All  laws  now  of  force  in  this  State,  not  inconsistent  with  this  Constitu- 
tion, and  the  ordinances  of  this  Convention,  shall  remain  of  force  until 
the  same  are  modified  or  repealed  by  the  General  Assembly.  The  tax 
acts  and  appropriation  acts  passed  by  the  General  Assembly  of  1877,  and 
approved  by  the  Governor  of  the  State,  and  not  inconsistent  with  the 
Constitution,  are  hereby  continued  in  force  until  altered  by  law. 

4.  Local  and  Private  Acts. — Local  and  private  acts  passed  for  the 
benefit  of  counties,  cities,  towns,  corporations,  and  private  persons,  not 
inconsistent  with  the  supreme  law,  nor  with  this  Constitution,  and  which 
have  not  expired  nor  been  repealed,  shall  have  the  force  of  statute  law, 
subject  to  judicial  decision  as  to  their  validity  when  passed,  and  to  any 
limitations  imposed  by  their  own  terms. 


History  of  Georgia 


335 


5.  Vested  Rights  Secured. — All  rights,  privileges  and  immunities 
which  may  have  vested  in,  or  accrued  to  any  person  or  persons,  or 
corporations  in  his,  her  or  their  own  right,  or  in  any  fiduciary  capacity, 
under  and  in  virtue  of  any  act  of  the  General  Assembly,  or  any  judg- 
ment, decree  or  order,  or  other  proceeding  of  any  court  of  competent 
jurisdiction  in  this  State,  heretofore  rendered,  shall  be  held  inviolate 
by  all  courts  before  which  they  may  be  brought  in  question,  unless 
attacked  for  fraud. 

6.  Acts  of  Courts  Confirmed. — All  judgments,  decrees,  orders,  and 
other  proceedings,  of  the  several  courts  of  this  State  heretofore  made, 
within  the  limits  of  their  several  jurisdictions,  are  hereby  ratified  and 
affirmed,  subject  only  to  reversal  by  motion  for  a new  trial,  appeal,  bill 
of  review,  or  other  proceeding,  in  conformity  with  the  law  of  force 
when  they  were  made. 

7.  Existing  Officers. — The  officers  of  the  government  now  existing 
shall  continue  in  the  exercise  of  their  several  functions  until  their  suc- 
cessors are  duly  elected  or  appointed,  and  qualified;  but  nothing  herein 
is  to  apply  to  any  officer  whose  office  may  be  abolished  by  this  Con- 
stitution. 

8.  Ordinances. — The  ordinances  of  this  Convention  shall  have  the 
force  of  laws  until  otherwise  provided  by  the  General  Assembly,  except 
the  ordinances  in  reference  to  submitting  the  homestead  and  capital 
question  to  a vote  of  the  people,  which  ordinances,  after  being  voted  on, 
shall  have  the  effect  of  constitutional  provisions. 


ARTICLE  XIII. 

AMENDMENTS  TO  THE  CONSTITUTION. 

Section  I. 

1.  Constitution,  How  Amended. — Any  amendment  or  amendments 
to  this  Constitution  may  be  proposed  in  the  Senate  or  House  of  Repre- 
sentatives, and  if  the  same  shall  be  agreed  to,  by  two-thirds  of  the  mem- 
bers elected  to  each  of  the  two  houses,  such  proposed  amendment  or 
amendments  shall  be  entered  on  their  journals,  with  the  yeas  and  nays 
taken  thereon.  And  the  General  Assembly  shall  cause  such  amendment  or 
amendments  to  be  published  in  one  or  more  newspapers  in  each  con- 
gressional district,  for  two  months  previous  to  the  time  of  holding  the 
next  general  election,  and  shall  also  provide  for  a submission  of  such 
proposed  amendment  or  amendments  to  the  people  at  said  next  general 
election,  and  if  the  people  shall  ratify  such  amendment  or  amendments, 
by  a majority  of  the  electors  qualified  to  vote  for  members  of  the 


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General  Assembly,  voting  thereon,  such  amendment  or  amendments 
shall  become  part  of  this  Constitution.  When  more  than  one  amend- 
ment is  submitted  at  the  same  time,  they  shall  be  so  submitted  as  to 
enable  the  electors  to  vote  on  each  amendment  separately. 

2.  Convention,  How  Called. — No  convention  of  the  people  shall  be 
called  by  the  General  Assembly  to  revise,  amend,  or  change  this  Constitu- 
tion unless  by  the  concurrence  of  two-thirds  of  all  the  members  of  each 
house  of  the  General  Assembly.  The  representation  in  said  contention 
shall  be  based  on  population  as  near  as  practicable. 

Section  II. 

(This  section  provides  for  the  submission  of  the  Constitution  to  a vote 
of  the  people,  for  ratification  or  rejection.) 

The  Constitution  was  ratified  by  a vote  of  the  people  at  an  election 
held  on  the  fifth  day  of  December,  1877. 

The  Convention  which  drafted  the  Constitution  met  on  the  eleventh 
day  of  July,  and  adjourned  on  the  twenty-fifth  day  of  August,  1877. 

The  amendments  that  have  been  adopted  up  to  and  including  the  year 
1916  are  incorporated  in  the  Constitution  as  above  given,  and  the  dates 
of  the  more  important  amendments  are  inserted.  Students  may  compare 
the  original  with  the  amended  paragraphs  by  referring  to  McElreath’s 
Treatise  on  the  Constitution  of  Georgia.  In  some  instances,  unimportant 
details  of  the  provisions  of  the  Constitution  have  been  omitted.  The 
exact  terms  of  the  Constitution  as  it  now  stands  amended  may  be  seen 
in  the  officially  certified  copy  compiled  by  Miss  Ella  May  Tnornton,  Legis- 
lative Reference  Librarian,  Georgia  State  Library,  Atlanta. 


INDEX 


A 

Academies,  ante-bellum,  189. 

Agriculture,  see  cotton,  rice,  slav- 
ery, land  tenure,  negroes,  tenancy. 

Allegheny  mountains,  4. 

Andrew,  Bishop  J.  O.,  146. 

Appeals,  Court  of,  established,  281. 

Athens,  184. 

Atlanta,  founded,  186;  burned  by 
Sherman,  198. 

Augusta,  founded,  41 ; taken  by 
British,  94;  recaptured  by  Ameri- 
cans, 98;  capital  of  Georgia,  105; 
108. 

B 

Bartow,  Francis  S.,  176,  196. 

Berrien,  John  M.,  sketch  of,  185. 

Bethesda  Orphanage,  44. 

Black  Belt,  152. 

Bleckley,  L.  E.,  270. 

Blodgett,  Foster,  222. 

Bloody  Marsh,  battle,  59. 

Blue  Ridge,  4. 

Boundaries,  charter,  34;  dispute 
with  Spanish  in  Florida,  52;  St. 
Mary’s  River  the  southern  bound- 
ary, 65 ; dispute  with  South 
Carolina  settled,  118;  dispute 
over  western  lands,  118. 

Brier  Creek,  battle,  95. 

Broad  River,  Virginians  settle  on, 
113. 

Brown,  J.  E.,  176,  218,  220. 

Bulloch,  Archibald,  84;  sketch  of, 
86,  88,  89. 

Bullock,  R.  B.,  213,  217,  221. 


C 

Carolinians  settle  in  North  Georgia, 
109. 

“Carpetbagger,”  213. 

Central  of  Georgia  R.  R.,  185. 

Charter  of  the  Colony  of  Georgia, 
32,  seq. 

Cherokee  Indians,  original  bound- 
aries, 137;  semi-civilized,  138; 
extension  of  Georgia  laws  over, 
139;  struggle  in  the  courts,  140; 
President  Jackson’s  attitude 
towards,  142;  Governor  Wilson 
Lumpkin,  142;  final  cession,  143. 

Civil  Government  of  Georgia,  273, 
seq. 

Civil  War,  see  War  Between  the 
States. 

Clarke,  Elijah,  94,  98. 

Coastal  Plain,  8. 

Cobb,  Howell,  advocates  the  Com- 
promise of  1850,  164;  sketch  of, 
164;  advocates  secession,  176; 
President  of  the  Montgomery 
Convention,  177 ; reorganizes 
Democratic  party,  215. 

Cobb,  T.  R.  R.,  176,  196. 

Commerce,  colonial,  75,  77. 

Compromise  of  1850,  162. 

Compulsory  Education  act,  238. 

Constitutions  of  Georgia,  tem- 
porary, 1776,  100;  of  1777,  102; 
of  1789,  105;  of  1798,  106;  of 
1868,  213;  of  1877,  273,  seq. 

Convict  lease  system,  243,  seq. 

Cotton,  150,  155  ; fall  of  the  planta- 
tion system,  226-228;  229. 


337 


338 


History  of  Georgia 


Cotton  gin,  invention  of,  152. 

Council  of  Safety,  in  Revolution, 

100. 

Crawford,  Wm.  H.,  121. 

Creek  Indians,  127,  seq. ; final  ces- 
sion, 134. 

D 

Darien,  founded,  41. 

Debtors’  prisons,  28. 

Declaration  of  Independence,  Geor- 
gia signers,  89. 

Democratic  Party,  167,  215. 

Dooly,  Colonel  John,  94. 

Dorchester  Colony,  44,  69. 

Douglas,  Stephen  A.,  164. 

Dred  Scott  Decision,  166,  170. 

E 

Education,  ante-bellum,  189,  seq.; 
public  schools  begun,  235;  agri- 
cultural, 239;  growth  of  public 
school  system,  235;  local  taxa- 
tion, 236;  decline  of  illiteracy, 
237;  compulsory,  238;  State 
Board,  238. 

Elbert,  Samuel,  94. 

Ellis,  Henry,  65. 

Emory  College,  193. 

England,  conditions  in  18th  cen- 
tury, 26,  seq. 

Estaing,  Count  d’,  96. 

F 

Fall  Line,  7. 

Few,  Benjamin,'  94. 

Few,  William,  94. 

Fifteenth  Amendment,  220. 

Forsyth,  John,  139. 

Fourteenth  Amendment,  211,  212, 
213. 


Frederica,  founded,  42;  attacked  by 
Spanish,  57. 

Freedman’s  Bureau,  210. 

G 

Galphin,  George,  112. 

Georgia  R.  R.,  184. 

Gilmer,  G.  R.,  “Georgians”  quoted, 
114;  policy  towards  Cherokees, 
142. 

Gordon,  John  B.,  196,  217. 

Government,  under  Trustees,  32; 
as  Crown  Province,  62,  seq., 
under  Constitution  of  1777,  102; 
Constitutions  of  1789  and  1798, 
105-106;  under  Constitution  of 
1877,  273,  seq. 

Grady,  Henry  W.,  267. 

Gwinnett,  Button,  signer  of  Declar- 
ation of  Independence,  89;  sketch 
of,  100. 

H 

Habersham,  James,  favors  introduc- 
tion of  slavery,  48;  large  planter, 
71;  maintains  allegiance  to  King 
George,  82;  86. 

Habersham,  Joseph,  82,  87 ; arrests 
Governor  Wright,  88. 

Hall,  Lyman,  signer  of  Declaration 
of  Independence,  89. 

Hardee,  General  W.  J.,  20. 

Harris,  Joel  Chandler,  269. 

Head  Rights  system  of  land  dis- 
tribution, 109,  130. 

Hill,  B.  LI.,  168;  opposes  secession, 
172 ; sketch  of,  215. 

Houston,  John,  84,  86;  sketch  of, 
88;  delegate  to  Continental  Con- 
gress, 88,  89. 

Howe,  Major-General,  92-93. 

Huger,  Isaac,  97. 


History  of  Georgia 


339 


I 

Immigrants  to  Georgia,  colonial, 
36,  seq. ; from  Virginia  and  Caro- 
lina, 109.  See  also  Salzburgers, 
Moravians,  Scots,  Scotch-Irish. 

Indented  servants,  47. 

Indians,  customs,  12,  seq. ; mounds, 
21.  See  also  Cherokees  and 
Creeks. 

J 

Jackson,  Andrew,  131,  142. 

Jackson,  James,  92,  98;  and  Yazoo 
Fraud,  123;  sketch,  123. 

Jenkins,  Charles  J.,  209. 

Johnson,  H.  V.,  168;  opposes  seces- 
sion, 172 ; sketch  of,  207. 

Johnson,  James,  207. 

Johnston,  Jos.  E.,  107,  203. 

Johnston,  R.  M.,  190. 

Jones,  Noble,  83,  86. 

Jones,  Noble  W.,  83;  sketch  of,  84; 
86,  87,  88. 

K 

Kansas-Nebraska  bill,  163. 

Kettle  Creek,  battle,  94. 

Ku  Klux  Klan,  228. 

L 

Land  Lottery,  130. 

Land  tenure,  in  colonial  times,  44, 
seq.;  repeal  of  land  laws,  46; 
land  lottery,  130;  post-bellum 
tenancy,  229. 

Lanier,  Sidney,  265. 

Lawton,  Gen.  A.  R.,  197. 

Lee,  Henry,  98. 

Lincoln,  General  Benjamin,  95. 

Long,  Dr.  Crawford  W.,  263. 


Longstreet,  General  J.  L.,  196. 

Louisville,  the  capital,  111. 

Lumpkin,  Wilson,  131,  142. 

M 

McCall,  Captain  Hugh,  94. 

Mackay,  Captain,  59. 

McIntosh,  Lachlan,  96. 

McIntosh,  William,  134. 

Manual  labor  schools,  ante-bellum, 
191. 

Manufacturers,  in  ante-bellum 
period,  155,  180;  in  post-bellum 
period,  232. 

Mercer  University,  193. 

Middle  Georgia,  settled  by  Vir- 
ginians and  Carolinians,  109,  seq. 

Milledge,  John,  87. 

Milledgeville,  the  capital,  111; 
183;  Sherman  in,  199. 

Missouri  Compromise,  162. 

Moravians,  40. 

Musgrove,  Mary,  37. 

N 

Negroes,  free,  laws  to  control,  209, 
226-228  ; expelled  from  the  legis- 
lature, 217;  education,  235;  land- 
ownership,  230;  convict  system, 
243 ; disfranchised,  247.  See  also 
slaves  and  slavery. 

North  Georgia  settled  by  Virginians 
and  Carolinians,  109,  seq. 

O 

Oglethorpe,  General  James,  29,  31, 
36,  37,  53. 

Oglethorpe  University,  193. 

Old  Field  Schools,  189. 


340 


History  of  Georgia 


P 

Physical  geography  of  Georgia,  3, 
seq. 

Pickens,  Colonel  Andrew,  94. 

Piedmont  Region,  4,  6. 

Pierce,  Geo.  F.,  266. 

Pierce,  Lovick,  172. 

“Poor  Schools,”  190. 

Population  statistics,  colonial,  68 ; 
in  1790,  110;  in  1810,  179;  in 
1860,  150,  179;  in  1910,  224. 

Prevost,  Lieutenant-Colonel  Mark, 
91,  92,  95. 

Prevost,  General  Augustine,  91,  94. 

Prisons  for  debt,  28. 

Prohibition,  colonial,  50;  repealed, 
50;  state-wide,  1907,  246;  Acts  of 
1915  and  1917,  247. 

Public  schools,  see  Education. 

Pulaski,  Count,  96. 

R 

Railroads,  ante-bellum,  183,  seq. 

Reconstruction,  presidential,  206; 
congressional,  211-213;  Bullock, 
governor,  213 ; character  of  re- 
construction government,  221. 

■Republican  Party,  origin,  166;  210, 
214,  218. 

Revolutionary  War,  causes,  77,  seq.; 
division  in  Georgia,  80;  pre- 
liminaries, 84,  seq.;  fall  of  Sa- 
vannah, 91;  British  conquest  of 
North  Georgia,  93 ; Kettle  Creek, 
94;  Brier  Creek,  95;  Americans 
and  French  attack  Savannah,  95; 
Evacuation  of  Savannah,  98. 

Reynolds,  John,  64. 

Rice,  73,  115. 

Ross,  John,  143,  144. 


Royal  Province,  Georgia  becomes, 
62,  seq. 

S 

St.  Augustine,  55. 

St.  Mary’s  River,  southern  bound- 
ary, 65. 

Salzburgers,  40,  49. 

Savannah,  founded,  37;  fall  of,  in 
1778,  91 ; attacked  by  Americans 
and  French,  95;  evacuated  by 
British,  98  ; Central  of  Ga.  R.  R., 
185;  besieged  by  Sherman,  201. 

“Scalawag,”  213. 

Schools,  see  Education. 

Scotch-Irish,  110. 

Scots,  settle  on  the  Altamaha,  41; 
attitude  towards  slavery,  49. 

Seacoast,  9. 

Secession,  170,  seq.,  convention,  174; 
the  vote  on,  177. 

Sherman,  General  W.  T.,  in  Geor- 
gia, 198,  seq. 

Silk,  failure  of  efforts  to  produce, 
74. 

Slaves  and  slavery,  prohibited  in 
colony,  46;  allowed,  49;  colonial 
slave  code,  72;  numbers  in 
colonial  period,  68 ; effects  of  cot- 
ton industry,  151;  treatment  of 
slaves  in  19th  century,  146; 
slaveholding  families,  150;  slave 
prices,  156;  character  of  labor, 
156;  effect  on  soil,  157;  on  so- 
ciety, 158;  in  politics,  166,  seq.; 
emancipation,  207.  See  Negroes*. 

Smith,  Geo.  G.,  quoted,  113. 

Soto,  Hernando  de,  expedition 
through  Georgia,  18. 

South  Carolina,  34,  46,  53,  55,  118. 

Squatter  sovereignty,  164,  167. 


History  of  Georgia 


341 


Spanish  War,  52,  seq. 

Stage  Coaches,  183. 

Stamp  Act,  79,  80. 

Steamboats,  182. 

Stephens,  Alexander  H.,  advocates 
Compromise  of  1850,  164,  168; 
sketch  of,  172;  opposses  secession, 
172;  178. 

Suffrage,  103,  106,  247. 

Sutherland,  Lieutenant,  59. 

T 

Tax  Laws,  revision,  248. 

Telfair,  Edward,  87. 

Thirteenth  Amendment,  207. 

Tenant  system,  229,  seq. 

Tomo  Chi  Chi,  37,  38. 

Toombs,  Robert,  supports  Com- 
promise of  1850,  164;  sketch  of, 
174;  advocates  secession,  174; 
reorganizes  Democratic  Party, 
215. 

Transportation  before  railroads, 
180,  seq. 

Treutlen,  John  Adam,  105. 

Troup,  Geo.  M.,  sketch  of,  132. 

Trustees  of  the  Colony,  appointed, 
32;  resign,  62. 

Twiggs,  John,  94. 

U 

University  of  Georgia,  192,  238, 
seq. 


V 

Virginians,  settle  in  North  Georgia, 
109. 

W 

Walker,  Gen.  W.  LI.  T.,  197. 

Walton,  George,  signer  of  the 
Declaration  of  Independence,  89, 
93. 

Walton,  John,  84. 

War  Between  the  States,  196,  seq. 

Wesley,  John  and  Charles,  54. 

Wesleyan  Female  College,  193. 

Wheeler,  Gen.  Joseph,  197. 

Whisky,  prohibited  in  colony,  50 ; 
prohibition  removed,  50.  See  also 
Prohibition. 

Whitefield,  Reverend  George,  44. 

Whitney,  Eli,  152. 

Wilkes  County,  settled,  109. 

Wine,  failure  of  efforts  to  produce, 
74. 

Wright,  James,  royal  governor,  65; 
leads  royalist  element,  84;  ar- 
rested, 88,  98,  105. 

Y 

Yazoo  Fraud,  118,  seq. 

Z 

Zubly,  Reverend  Mr.,  88. 


